If you get hurt on the job, it makes sense to assume that your employer will take care of you. You can’t imagine having to pay your medical bills if your injuries are caused by your job. For the most part, employers do take care of their workers when they get hurt. They do this through the workers’ compensation system. Ideally, you will file your workers’ comp claim and it will be approved within a week or so. If this is the case, you will resume your medical treatment and you will start receiving your weekly benefits by week two. Unfortunately, there are also times when your workers’ compensation claim is denied. This is when you know it’s time to contact a Miami workers comp lawyer.
Not only will you need to appeal your claim, but you may also need to file a lawsuit against your employer. Our goal is to ensure that our clients receive the benefits they deserve. It doesn’t matter if you are out of work for four weeks or four months, you’re entitled to medical care and replacement wages. However, if your employer or the insurance company denies your claim, you have two choices. You can do what they hope you’ll do and just walk away. Or you can hire a Florida injury lawyer to fight on your behalf. Since there is a lot at stake, we recommend that you contact a Miami workers comp lawyer within a day or so of your workplace accident. This way, they can help you file your initial workers’ compensation claim and increase the chances of its being approved.
We do offer new clients a free, initial consultation so you have a chance to sit down with an experienced attorney and tell your story. Your Florida injury lawyer can answer any questions you might have and let you know what your options are.
A Few Bad Apples Can Make It Bad for the Whole Bunch
When you learn that your workers’ compensation claim has been denied, it may feel like the end of the world. You have no idea how you’ll afford medical treatment on your own. You know that you can’t afford to go without an income while you wait to get better. At the time, it may seem like it’s impossible to convince the workers compensation commission that you’re entitled to benefits. However, most workers comp claims are approved the first time they’re submitted. It’s only a few that are denied.
You may feel insulted that your claim was denied the first time you submitted it. What you have to understand is that a lot of employers have been burned in the past by fraudulent workers compensation claims. This has caused them to be very careful when they review a new worker’s comp claim. If there’s any part of them that believes your claim is not legitimate, they will be inclined to deny it. You’ll have a chance to prove your claim when you file an appeal. If this doesn’t work, your Miami workers comp lawyer could always file suit on your behalf.
There Are a Host of Reasons Why the Insurance Company Could Deny Your Claim
There are all sorts of reasons why your workers’ comp claim may be denied. One of the biggest reasons is that your claim is large. When the insurance company sees a large claim form come across their desk, their first inclination is to deny it. They realize that if they deny your claim, you’ll probably hire a Florida injury lawyer. Your lawyer will then approach them about a settlement. Your employer’s hope is that they’ll be able to settle the claim for a lot less than they would have if they paid it in full at the outset.
Aside from the size of your claim, there are many other reasons why the insurance company may deny your claim. These include the following:
- Your employer does not believe your injuries took place at work
- You were under the influence of drugs or alcohol at the time of your workplace accident
- You did not report your claim in a timely fashion
- You refused to participate in your medical treatment plan
- You had a pre-existing condition
- Your employer doesn’t think your injuries are as serious as you say they are
For most of these reasons, your Miami workers comp lawyer can file an appeal. As long as there’s enough evidence to show that you met the criteria for workers comp, your attorney should be able to negotiate payment. It all depends on the facts of your case.
If Your Claim is Denied, Your Miami Workers Comp Lawyer Will File an Appeal
As briefly mentioned above, if your claim is denied, your Florida injury lawyer can always file an appeal. Of course, there are certain times when this isn’t an option. For example, if you fail to report your claim for several months, it will be very difficult to convince the insurance company to pay it. It will be even harder to appeal your claim if it was denied because you were under the influence of drugs or alcohol. It is nearly impossible to convince an insurance carrier to pay a claim when the employee was inebriated. Unless your Miami workers comp lawyer can convince the insurance company that the drugs you were taking were prescribed to you, you’ll have a very difficult time winning this appeal.
It’s a Good Idea to Sit Down with an Experienced Miami Workers Comp Lawyer
If you were hurt at work and your workers’ compensation claim was denied, you need help and you need it fast. You only have a short period of time in which you can appeal the denial. While you are certainly allowed to represent yourself in this matter, it may be in your best interest to hire a Miami workers comp lawyer. They can determine exactly why your claim was denied. They can also reach out to the insurance company to see if they can negotiate payment of your claim.
Since time is of the essence, we suggest that you reach out to an experienced Florida injury lawyer sooner rather than later. You may need to file suit if the insurance company refuses to settle your claim. This means your attorney may need time to prepare your case. Rather than wait until the last minute, give us a call today so we can schedule your free, initial consultation.