Employer Not Filing an Incident Report for My Fractured Ankle...
by Chris (Florida)
I slipped and fell at work while I was clocked in. The owner was quiet and did not say anything besides "stay off of it for a few minutes and put ice on it". After about 30 minutes of me trying to work, I could not put any pressure on it and asked to leave.
I also asked if he could fill out an incident form before I left so I could have it for the doctors, but he refused.
I went to an urgent care clinic anyway and used my insurance and paid a copay of $75. They did x-rays and determined I had fractured my foot. I ended up going to specialized foot doctor who knew more about what was wrong. She stated, "your foot is badly fractured" as she showed me on the x-ray.
I was placed in a removable cast from my knee down for 3 weeks and told "absolutely no walking on it". In three weeks I'd have a follow up to see if it could be set into a foot cast (ankle down) with little walking time permitted.
I was charged $350 for that visit. I text messaged the owner asking him again if he could fill out a first injury report and he refused, saying something about false claims and he'll have his lawyer review everything. I do not know what I should do to further pursue this injury.
Any thoughts you could give would be much appreciated, thanks.
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ANSWER for "Employer Not Filing an Incident Report for My Fractured Ankle...":
Your employer should have permitted you to fill out a workers compensation claim. From the facts you present it would appear his actions in denying you access to medical care and insurance information was inexcusable.
If you know the name of your company's workers' compensation carrier you can contact them directly. File a claim directly with them. Ask the insurance carrier to provide you with the appropriate forms. In the State of Florida those forms are a DFS-F2-DWC-1 (First Report of Injury or Illness and Lost Wages Statement).
The forms are relatively straight forward and easy to complete. Once you have completed the forms mail them back to the insurance carrier. An insurance claims adjuster will contact you so you can begin the process of reimbursement for the medical bills you've already incurred, your out of pocket expenses related to your injury, and your lost wages.
You will also have access to your company and insurance company's list of approved doctors for your treatment.
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.
The accuracy of information provided on this site is not guaranteed. It is generic information for informal purposes only. It is NOT formal legal advice. Your use of this site does NOT create an attorney-client relationship. Before relying on any information found in this site you should consult with a licensed attorney in your state. If you are currently represented by an attorney, you should strictly abide by his/her counsel.