When you’re injured on the job, you might assume that filing a workers’ compensation claim is straightforward. After all, workers’ comp is a no-fault system that’s supposed to benefit employees who are hurt while performing their job duties.
Unfortunately, there are several reasons why your Florida workers’ comp claim might get denied, leaving you without the benefits you need to pay your medical bills and make ends meet while you cannot work. Here are the top six reasons why your claim might be denied and what you can do to protect your rights.
Failure to Report Your Injury Promptly
In Florida, you must report your injury to your employer within 30 days of the accident. If you fail to report your injury within this time frame, your employer’s workers’ compensation insurance carrier might argue that you’re not entitled to benefits.
They may argue that you didn’t get injured at work or that your injury isn’t as serious as you claim. To avoid this issue, report your injury as soon as possible, and document the date and time of your report.
Pre-existing Conditions
If you have a pre-existing condition aggravated by your job duties, your workers’ comp claim might be denied. For example, if you have a back injury from a car accident that’s worsened by lifting heavy boxes at work, your employer’s insurance carrier might argue that your injury isn’t work-related.
To overcome this issue, you must provide medical documentation showing how your job duties aggravated your pre-existing condition. A Florida workers’ compensation lawyer can help you gather the necessary evidence to support your claim.
Lack of Medical Evidence
To be eligible for workers’ compensation benefits in Florida, you must have a documented injury related to your job duties. Your workers’ comp claim might be denied if you don’t seek medical treatment for your injury or fail to provide sufficient medical evidence to support your claim.
It’s essential to seek medical attention immediately after your injury and to keep track of all medical documentation related to your treatment. Your attorney can help you gather and organize this evidence to build a strong case.
Refusal to Cooperate with Insurance Carrier
Your claim might be denied if you refuse to cooperate with your employer’s workers’ compensation insurance carrier. For example, if you refuse to attend a medical exam or provide requested documentation, the insurance carrier might argue that you’re not entitled to benefits.
It’s important to comply with all requests made by the insurance carrier while also protecting your rights. Your lawyer can advise you on responding to requests and protecting your rights.
Employer Disputes Your Claim
If your employer disputes your workers’ comp claim, getting the benefits you’re entitled can be challenging. Your employer might argue that you were not injured on the job, that you’re exaggerating the severity of your injury, or that you’re not eligible for benefits for some other reason.
If your employer disputes your claim, seeking legal representation from a work injury attorney who can help you navigate the process and protect your rights is important.
Missed Deadlines
You must meet several deadlines when filing a workers’ comp claim in Florida. For example, you must report your injury to your employer within 30 days of the accident and file a petition for benefits within two years of the accident.
If you miss these deadlines, your claim might get denied. To avoid this issue, it’s important to consult with a law firm as soon as possible after your injury to ensure that you meet all the necessary deadlines.
How a Florida Workers’ Compensation Lawyer Can Help
Don’t give up hope if your workers’ comp claim is denied. You have the right to appeal the decision and fight for the benefits you’re entitled to. An attorney can help you navigate the appeals process, gather the necessary evidence to support your claim, and represent you in court.
Here are some of the ways an experienced attorney can help:
Provide Legal Guidance
A workers’ compensation lawyer can explain the law and help you understand your rights and obligations. They can also advise you on the best action to protect your rights and obtain the benefits you deserve.
Investigate the Accident
A lawyer can investigate the circumstances of your injury to determine if it was work-related. They can also gather evidence, interview witnesses, and review medical records to build a strong case.
Handle Paperwork
A workers’ compensation claim involves a lot of paperwork, and mistakes can be costly. A lawyer can help you complete all necessary paperwork accurately and on time to avoid delays or complications.
Negotiate with Insurance Companies
Insurance companies are in business to make money, so they may try to deny your claim or offer a low settlement amount. A lawyer can negotiate with the insurance company to ensure you receive the benefits you’re entitled to.
Protect Your Right to Benefits
If you’re injured on the job in Florida, it’s essential to understand why your workers’ comp claim might get denied. By knowing these common issues, you can take steps to protect your rights and increase your chances of obtaining the benefits you need to recover from your injuries.
If your claim is denied, don’t hesitate to seek legal representation from a Florida workers’ compensation lawyer who can help you navigate the appeals process and fight for your rights. Remember, you have the right to receive compensation for your work-related injuries, and a skilled attorney can help you get the justice you deserve.
