If you’ve suffered a legitimate injury at work, then you deserve workers’ comp benefits. If, for some reason, your employer has denied your workers’ compensation claim, you may need to file an appeal. Our Miami workers’ compensation attorneys can help you do that.
Most Workers’ Compensation Claims in Florida Are Approved
Believe it or not, most workers’ compensation claims in Miami are approved on the first try. It seems like the number should be higher, especially when you’re the one whose claim has been denied.
Our workers’ comp lawyers in Miami understand how frustrating it must be to find out you’re not going to receive benefits. If you were hurt on the job, it doesn’t seem fair that your employer can just refuse to pay your claim.
Only 7% of Workers’ Compensation Claims Are Denied in the U.S.
In a recent study, it was found that approximately 7% of all workers’ comp claims in this country are denied. This means that the other 93% are approved. This means that the insurance carriers pick and choose which claims to pay and which claims to deny.
There are times when our Miami workers’ compensation attorneys agree that a claim should be denied. For example, if an employee was intoxicated at the time of the accident, their employer shouldn’t be held responsible. However, most of the claims we handle are legitimate.
Most Denied Claims Are Ultimately Paid on Appeal
It’s important to know that, even if your claim is denied, there’s a good chance it’ll be approved on appeal. In fact, studies have shown that people who appeal their claim actually settle for more than they originally would’ve received.
When your Miami workers’ compensation attorney prepares your appeal, they will have detailed information regarding your injuries. By this point, they’ll have documentation about the possible permanent disabilities you’ve suffered.
Which Denials Have a Better Chance of Being Paid Upon Appeal or Review?
Of course, not every denied workers’ compensation claim in Miami is approved. There are certain claims that have very little chance of being approved. Some of these include:
- Cases where the employee was drunk or high at the time of their accident
- Claims where the employee was not seriously injured
- Situations where the employee’s injuries don’t require them to miss any time from work
- Claims where the employee was ready to return to work within 21 days of their injury.
When you meet with your workers’ comp lawyer in Miami for the first time, they’ll assess your claim. They’ll be honest with you about your chances.
Miami Workers’ Compensation Attorneys Would Agree That Disputes Over the Extent of Your Injuries Should Be Appealed
While some claims will not be approved on appeal, others have a much better chance. For example, if your injuries are serious, your claim may be approved. The same is true for claims where you were just missing paperwork.
One of the situations where an appeal has a good chance of being approved is when the seriousness of your injuries were in question. Your workers’ comp lawyer in Miami can have an independent doctor examine you. They may find that your injuries are more serious than you initially thought.
You Should Also Appeal Claims That Were Denied Because of Missing Paperwork or Information
As briefly stated above, there are some claims that are denied because you didn’t file the necessary paperwork. For example, your employer may have forgotten to send a copy of your workers’ compensation doctor’s initial assessment.
There are other times when your claim may be delayed. If your employer fails to submit your payroll information, it can impact your claim. The onus will be on your employer. However, your Miami workers’ compensation lawyer will put pressure on them to resolve this immediately.
You May Have a Better Chance at Winning Your Appeal if You Retain a Workers’ Comp Lawyer in Miami
There is no law that says you have to hire a workers comp lawyer in Miami to handle your appeal. You have every right to handle this yourself. However, that may not be the best idea.
If the insurance company knows you don’t have a lawyer, they may try to take advantage of you. They may deny your claim thinking you’ll just walk away without a fight. Your Miami workers’ compensation attorney won’t let that happen.
The Insurance Company Knows They Can’t Take Advantage of a Miami Workers Compensation Attorney
Once the insurance adjuster learns that you’ve retained an attorney, they may change their tune. While they may not approve your claim outright, they will be more open to negotiations.
It’s also a good idea to have an attorney on hand in case you encounter problems later. For example, the insurance company may demand that you be re-evaluated at some point. If this doesn’t seem warranted or necessary, your Miami workers’ compensation attorney will fight back.
Your Workers’ Comp Lawyer in Miami Knows How the Insurance Companies Operate
The biggest benefit of hiring a seasoned worker’s comp lawyer in Miami is that they know how the insurance companies work. They know their tactics and will not be intimidated by them.
Our attorneys have decades of combined experience dealing with insurance companies. They know what tactics they use to deny claims. They also understand how far they can push the insurance adjuster. The last thing they want to do is make things more difficult for you.
Reach Out to One of Our Seasoned Miami Workers’ Compensation Attorneys
If your workers’ compensation claim in Miami has been denied, contact our office right away. Depending on the reason for denial, your Miami workers’ compensation attorney may be able to help. They can file an appeal on your behalf and, if need be, negotiate a settlement.
Our workers’ comp lawyers in Miami offer new clients a free, initial consultation. This gives you the chance to sit down with a seasoned attorney and have them review your claim. If it appears that your claim has merit, there’s a good chance we can help you get the benefits you deserve.