As with any workers’ compensation claim, workers’ compensation disputes in Fort Lauderdale are bound to happen. Your workplace is one of few places where you’d never expect to get harmed or injured unless your occupation involves working in high-risk environments like mining and construction. While that is the case, what most people don’t understand is that accidents in the workplace that lead to serious injuries are quite common in virtually all industries.
Fortunately, in Florida, like most states, there are laws in place that are designed to protect the rights of injured workers’ in the event they get injured while work. According to Florida Law, employers with more than four employees must ensure they provide workers’ comp insurance for their workers – except in the construction industry where all employers must provide workers’ comp irrespective of how the number of people they employ.
And while the purpose of this insurance is to protect employees, workers’ compensation disputes in Fort Lauderdale, Florida are still quite common. The reason for this is that insurance companies and employers are constantly looking for reasons to deny an injured worker’s claim or to ensure that they offer the lowest possible amount.
As an injured employee, having your claim denied or being offered peanuts in compensation can prove detrimental to your wellbeing and livelihood, especially if you have no other source of income and are out of work. If your employer or their insurer has disputed your claim, then what you need is a professional and experienced workers’ compensation attorney to fight for you and ensure that you get compensated for your injuries and damages.
If you are looking for legal counsel and representation you can trust, then you’ve come to the right place. At Work Injury Rights, we specialize in handling workers’ compensation disputes in Fort Lauderdale and can help you pursue the benefits you deserve. Our attorneys are not only knowledgeable on matters related to Florida’s Workers’ Compensation Laws; they are also quite aggressive when it comes to pursuing cases involving workers’ compensation disputes in Fort Lauderdale.
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What are Some Causes of Workers’ Compensation Disputes in Fort Lauderdale?
One of the main reasons why workers’ comp disputes arise is because one of the involved parties – either the employee or the employer – failed to fulfill their legal obligations. As per Florida’s workers’ comp laws, an injured employee’s claim is only considered valid if they fulfill all their legal responsibilities.
Common issues that lead to workers compensation disputes in Fort Lauderdale are:
If you live and work in Ft. Lauderdale, then please note that your employment status could determine whether you qualify for workers’ comp benefits or not so make sure you know your employment status. That’s because your employer could claim that you, though injured while at work, are not one of his staff just to avoid paying benefits.
Outside Scope of Employment
Your workers’ comp claims may also get denied if you got injured while off duty or outside your place of work. According to Florida workers’ comp laws, benefits may only be offered to injured workers if they sustained their injuries while working or on official duty.
Lack of Causation
One of the tricks often used by insurance companies is to claim that the injuries an employee sustained aren’t work-related. As such, if you’ve been injured while performing your duties at work, make sure you have sufficient evidence to support your case.
Your claim could also end up being denied if it’s not filed within the stipulated time. In Florida, individuals injured while on the job have 30 days to report their injuries and either one or two years to file a claim. To ensure that you file your claim on time, get in touch with us at Work Injury Rights for assistance.
Another common reason why workers’ comp claims get disputed in Fort Lauderdale is insufficient information. As an injured employee, you’re required to provide truthful and honest information when filling and filing your workers’ comp claim. Moreover, you need to make that you provide sufficient proof of injuries sustained, or else your claim might get denied.
To avoid having your claim denied due to some of the reasons mentioned above, consider hiring the services of a professional and experienced attorney and have them help you file your claim and challenge any decisions your employer might have made. Call (phone) now to retain the services of a Work Injury Rights workers’ comp attorney for a workers’ compensation disputes in Fort Lauderdale.
What to Do if Your Workers’ Compensation Claim in Fort Lauderdale is Denied?
While many injured workers in Florida have had their workers’ comp claim denied, that shouldn’t discourage you from fighting to ensure you get compensated for your injuries. If you’ve had your claim denied, then what you need to do is file an appeal to have the decision overruled.
However, appealing a claim in Florida can be tricky and frustrating, which is why you are advised to consider seeking the help of a professional workers’ comp attorney. Before filing a workers’ compensation appeal in Florida, the first thing you are advised to do is negotiate with your employer or the insurance company. If negotiations fail, then you are free to file a formal denial appeal with the State’s Division of Workers’ Compensation.
You also will have to send a petition to the Office of the Judges of Compensation Claims, where your case is heard by a judge who then decides whether or not the insurance company should pay your claim. Call a workers’ comp attorney to help you handle any workers’ compensation disputes in Fort Lauderdale.
What are some Workers’ Compensation Dispute Types?
Workers’ compensation disputes in Fort Lauderdale are generally classified into two main categories. These are:
Such disputes often arise when employers or their insurers deny a claim of those who were injured on medical grounds. For example, your employer might argue that you had an underlying condition or you’d already been injured before your supposed accident.
These often arise when employers (or their insurers) deny an injured employee’s claim by claiming that they failed to follow the procedures and rules of filing a workers’ comp claim in Florida. For example, the insurance provider might argue that you didn’t file your claim within the stipulated time frame or that your injury did not occur at your place of job, etc.
What is the Workers Compensation Disputes in Fort Lauderdale and Appeals Process?
The process of appealing workers’ compensation disputes in Fort Lauderdale follows a very specific order. For help disputing a denied claim, get in touch with Work Injury Rights and let our experienced attorneys walk you through the process.
Here’s what the appeals process in Florida involves:
- After a denial, the first step involves filing a petition with Florida’s Division of Administration hearings.
- The Judge of Compensation Claims will schedule a conference within forty days.
- Evidence is then presented to demonstrate the extent of injuries sustained during what’s known as a Pretrial Hearing.
- A resolution might be reached through arbitration in ADR (Alternative Dispute Resolution)
- Your appeal may go all the way to the First District Court of Appeals if the presiding judge denies your claims.
To ensure that you have an easier time appealing workers’ compensation disputes in Fort Lauderdale and that your case gets reconsidered, reach out to our attorneys for help.
Get in Touch with the Experienced Fort Lauderdale Workers’ Compensation Attorneys at Work Injury Rights
If you’ve been injured while at work and have had your claim denied, then chances are you are distressed and worried. Fortunately, that does not mean that you are no longer eligible to obtain workers’ comp benefits. As an injured worker, you still have options when you are facing a workers’ compensation disputes in Fort Lauderdale. However, you need to act quickly if you want to protect your rights
With the help of an experienced and professional workers’ comp attorney from Work Injury Rights, you should be able to appeal your employer’s decision and secure the compensation you deserve for your injuries and damages. Call 954-833-5226 now to have your case evaluated for free.