Smith said Burfict was notified by letter Thursday about the unflagged hit, three days after the league suspended him for the rest of the season for repeated violations of unnecessary roughness rules.
Burfict was ejected later in the second quarter for his helmet-to-helmet hit on Colts tight end Jack Doyle. The suspension, which would see Burfict miss the final 12 games of the season, is the longest ever in the NFL for an on-field incident.
Smith also told ESPN that the NFL said it would include the unflagged hit among the totality of Burfict's offenses under his appeal of the suspension. His appeal will be conducted by teleconference at 2 p.m. ET Tuesday.
Burfict received 13 suspensions and fines in seven seasons with the Cincinnati Bengals before signing with the Raiders as a free agent this offseason. Two of the suspensions were for illegal hits, totaling six games. He successfully appealed a five-game suspension in 2017 down to three games.