“Don’t File a Claim, We’ll Handle It”: Why You Should Think Twice
If you’ve been injured on the job and your employer tells you not to file a workers’ compensation claim because they’ll “just take care of it,” it might sound like a relief in the moment. No paperwork, no hassle, no fighting with insurance, right?
But this well-meaning promise can turn into a costly mistake.
Why Employers Say This
Some employers may encourage you not to file a formal claim for a few reasons:
- They want to avoid higher insurance premiums.
- They don’t want the incident on record.
- They’re trying to handle it “in-house” with the best intentions.
- Or worse, they may be trying to avoid responsibility.
While it may feel like they’re looking out for you, bypassing the official system can leave you vulnerable — especially if complications arise later.
What You Lose by Not Filing a Claim
- No Legal Protection
Workers’ compensation exists to protect you, not your employer. Once you report the injury and file a claim, you’re entitled to medical care and wage benefits under Florida law. If you don’t file, you lose the protections those benefits offer — especially if your condition worsens.
- No Paper Trail
Without documentation, you have no evidence the injury happened at work. That means if your employer changes their story or management changes hands, you may be stuck paying your own medical bills.
- No Recourse
What happens if they stop paying your doctor bills? What if you’re out of work longer than expected? Without a formal claim, you can’t ask the state to step in or a judge to enforce your rights.
- It Could Be Illegal
Instructing an employee not to file a workers’ compensation claim might be considered retaliation or coercion under Florida law. Employers are not allowed to prevent or discourage you from filing a claim.
Real-World Example
A firefighter tweaks his back on a call. His supervisor says, “Don’t file comp. We’ll send you to the city doc and keep it off the books.” Three months later, the injury gets worse. He needs surgery and time off — but the city refuses to authorize treatment because there was never a formal report. Now he’s stuck in limbo, trying to explain an undocumented injury.
Here’s What You Should Do Instead
✅ Report the Injury Immediately. Under Florida law, you have 30 days from the date of injury to notify your employer. Do it in writing if possible.
✅ Insist on Filing a Claim. You have the legal right to report the injury to your employer’s workers’ compensation insurance carrier.
✅ Consult an Attorney. Especially if you’re being pressured not to file, speak with an experienced workers’ compensation lawyer. It may not cost you anything up front, and it could protect your rights down the line.
✅ Keep Records. Document conversations, texts, medical visits — anything that shows your injury and your efforts to report it.
Bottom Line: File a Workers’ Comp Claim
If your employer tells you not to file a claim and promises to take care of everything — that’s a red flag. Even if they mean well, you deserve the full protection of the workers’ compensation system.
Don’t go it alone or rely on verbal promises. File your claim, protect your rights, and get the support you need to recover.
Need help with a workers’ comp claim in Florida?
At Bichler & Longo, we’ve spent decades fighting for injured first responders and workers. If you’re being pressured not to file, or if you’re unsure what to do, contact us today for a free consultation.
407-599-3777
Ann@bichlerlaw.com