People get hurt at work all the time. That’s why Florida has a workers’ compensation system. However, if your claim is denied, you’re going to need help. In fact, hiring a Miami workers comp attorney can make the process a whole lot easier.
Many Injured Workers Wait Too Long to Meet with a Workers Comp Lawyer in Miami
A lot of the people we meet with wait until their claim has been denied to hire a workers comp lawyer in Miami. By the time they come to see us, they’ve gone weeks or months without an income.
There’s no reason to put yourself in this position. Here, we’ll discuss six reasons why it’s in your best interest to hire a Miami workers comp attorney sooner rather than later.
Things Can Get Tricky if You Have a Pre-Existing Condition
One thing the insurance company will look for is to see if you had a pre-existing condition before your workplace accident. They’ll find any reason they can to deny your claim. If they paid every claim that was filed, they’d go out of business in no time.
However, this doesn’t make it fair. Just because you had a pre-existing condition, that doesn’t mean you aren’t entitled to workers’ compensation benefits.
The Insurance Company May Say Your Injuries Aren’t Work Related
Our Miami workers comp attorneys see cases like this more often than we should. Your employer and their insurance carrier will try to say that your injuries aren’t work-related. Even though you know this isn’t true, they will deny your claim.
For example, imagine that you were born with hearing loss. When you fall at work and suffer a brain injury, the insurance company may argue that you’ve had an issue since birth. Your attorney will prove that your hearing loss had nothing to do with your brain injury.
The Insurance Company May Suspend Your Benefits and Demand You Be Re-Evaluated
Another reason you may need a workers comp lawyer in Miami is that the insurance company suspends your benefits. They insist that you be re-evaluated by your workers’ compensation doctor.
The reason they do this is so they can demand you return to work sooner than you should. This way, they can pay you less money in benefits.
The Workers Comp Doctor May Claim That Your Injuries Aren’t as Bad as They Thought
When you meet with your workers’ comp doctor, they’ll probably run a bunch of tests. They’ll tell you they overestimated the seriousness of your injuries. They’ll also tell you that you can return to work.
What they don’t tell you is that you aren’t fully healed from your injuries. If they say you’ve reached maximum medical improvement, your lawyer will help. Your Miami workers comp attorney will get a second opinion that confirms your original prognosis.
Your Workers’ Compensation Claim May Be Denied
An obvious reason you would want to hire a worker’s comp lawyer in Miami is if your claim is denied. Regardless of the reason for the denial, you still have rights. Your lawyer will review the reason for the denial and help you file an appeal.
When the insurance company sees that you’ve hired a Miami workers comp attorney, they may change their tune. They know they can’t take advantage of your attorney.
There Are a Number of Reasons Why Your Claim Could Be Denied
Your claim could be denied for any number of reasons. Here are some of the more common reasons we’ve seen in the past.
- They don’t believe your injuries happened at work.
- They believe you have a pre-existing condition.
- Your employer claims you were under the influence of drugs or alcohol at the time of your workplace accident.
You Learn That Your Employer Doesn’t Have Workers Comp Insurance
The last thing you want to hear after a workplace injury is that your employer doesn’t have insurance. In Miami, employers are required to carry workers comp insurance if they have four or more employees.
If they don’t have the required insurance, your only option may be to file legal action. This is something you definitely want a worker’s comp lawyer in Miami to handle for you.
Our Miami Workers Comp Attorneys Help When It Gets Overwhelming
Sometimes, it’s just too overwhelming to deal with the insurance company. If you need to file a workers’ compensation claim, it’s a good idea to at least talk to a Miami workers comp attorney.
When you first meet with your lawyer, they’ll answer any questions you may have. They can also help you file your claim and ensure that it’s handled properly from the start.
Your Benefits May Be Less Than You Expected
After your workers’ compensation claim is approved, you should start receiving weekly benefits. It usually takes about two weeks for them to kick in. If you find that your benefits are less than they’re supposed to be, contact our office.
One of our workers comp lawyers in Miami can review your pay stubs to see what your average income is. If you aren’t being paid 2/3 of your average weekly income, there’s a problem.
Your Workers Comp Lawyer in Miami Will Ensure You’re Paid the Correct Amount
What your workers comp lawyer in Miami will do is reach out to your employer. The insurance company simply pays you the amount provided to them by your employer. This means someone at the company you work for messed up.
Your attorney will reach out to your employer and their payroll department. If they don’t correct the issue, your lawyer can always file a complaint with the Workers Compensation Division of the Florida Department of Financial Services.
It’s in Your Best Interest to Meet With an Experienced Miami Workers Comp Attorney
In most cases, when an employee is hurt at work, their employer does the right thing. You file your workers’ compensation claim and receive your benefits as scheduled. If that doesn’t happen, you need to talk to a seasoned worker’s comp lawyer in Miami.
We offer new clients a free, initial consultation. This gives you a chance to have a legal professional review your claim and make sure it’s handled properly. Since the consultation is free, you have nothing to lose.