Can I File a Workers’ Compensation Claim if I Forgot to Clock In?

Whether you’re running late to work or there is an emergency right when you arrive, clocking in may slip your mind. While this may not be an issue in terms of adjusting your hours and ensuring you are paid for your time there, you may wonder how it will impact your ability to recover workers’ compensation following an injury. If this reflects your circumstances, the following blog explores what you should know about these complex matters, including the importance of working with a Florida workers’ compensation attorney to help you fight for the justice and compensation you deserve following a workplace injury.

Will Forgetting to Clock in Automatically Bar Me From Workers’ Compensation?

Forgetting to clock in to work or being off the clock entirely will not automatically prohibit you from recovering workers’ compensation. This is because Florida workers’ compensation law covers any injury that arises from the scope of your employment. As such, the courts will not look at whether or not you were clocked in, but rather the circumstances of your accident, like where and when it happened, and if the injury relates to your work responsibilities.

However, it’s critical to note that your employer may attempt to dispute the claim that the injuries you suffered happened on the job, using the fact that you were not clocked in against you. For example, if you forgot to clock in and there was no one to witness that you were injured while acting in your official employee capacity for the benefit of your employer, they may try to refute your claim. As such, working with an experienced attorney is critical, as they can help you gather evidence to show that you were engaged in work activities. They can seek access to surveillance footage that shows you entering the building or walking to your workstation. Additionally, they may gain access to the employer-created schedule that shows you were scheduled to work at the time you reported the accident, even if you weren’t clocked in.

What Steps Should I Take if I’m Injured on the Job?

If you are injured on the job, taking the necessary steps is critical to protect your claim. The first thing you should do is immediately inform your manager or supervisor of the injury you suffered and request that a report be filed. Not only are you required to report your injury to your employer within 45 days of the accident, but doing so immeidately following the accident can help ensure there is formal documentation of when and where the accident occured, as well as the circumstances of the accident.

Next, you should seek medical attention. In most instances, you need to see a medical provider approved by your employer’s workers’ compensation insurere. However, if the injuries you suffered require immeidate medical attention, you should seek care at your local emergency room as soon as possible.

Finally, you should contact an experienced workers’ compensation attorney with the Law Firm of Kevin A. Moore as soon as possible. Our team understands how difficult these circumstances can be to navigate, which is why we will do everything in our power to assist you through these complicated legal matters. Contact us today to learn how we can fight for you.