Why Would a Workers Compensation Claim Be Denied?
Legal Rights for an Injury at Work
A requirement for all employers in every state is for them to provide their employees a healthy and safe place to work. In some instances, employers do not fulfill this obligation and because of this, employees can become injured. Employees can also become injured in some situations where the employer has made every effort to make the workplace entirely safe. In both situations, employees may have injuries in the form of broken bones, occupational illnesses, pre-existing conditions becoming aggravated again, and even psychological injuries. Every state has their own version of a system to help workers with any injuries they have received at the workplace. A work injury lawyer in Fort Lauderdale like one from the Law Offices of Franks, Koenig & Neuwelt can help you understand your claim and your benefits.
How Can I Ensure My Rights Are Protected?
The easiest and most important way way to ensure your rights are protected is by reporting your injury to your supervisor or human resources department. In most states, it is required that you report your injury within a specific time period. This is usually the same day of the accident or within a couple days. Depending on the situation, it may not be possible to report the accident within the first couple days, but it is critical to report the accident as quickly as you can.
The next step you are able to take would be to find a work injury lawyer in Fort Lauderdale to help you file a claim with the workers’ compensation court in your state. This will put your employer, the employer’s insurance company, and the court on formal notice that you were injured.
What Exactly are My Rights?
Each state has different workers’ compensation laws. The rights that every injured workers are afforded also vary. However, overall, there are a number of rights that many states share:
- It is your right to visit a doctor and receive medical treatments
- It is your right to file a claim for your illness or injury in court
- It is your right to to return to your job once you have been released by your doctor to return to work
- It is your right to receive disability compensation if your doctor has not cleared you to return to work
- It is your right to work with a work injury lawyer in Fort Lauderdale throughout the process
Every state’s laws make it possible for you to pursue a workers’ compensation claim without having the fear of harassment or reprisal from your company. If your supervisor or human resources department makes it difficult for you to do so, they can face severe penalties. If after you have filed a workers’ compensation claim, people at work start harassing you or making it tough for you to do your job, it is illegal. It is important for you to work with an experienced work injury lawyer in Fort Lauderdale if your company is not adhering to your rights.
Why Would a Workers Compensation Claim Be Denied?
When an employee is injured on the job, it is important that the employer is notified right away. A supervisor or manager can take the steps necessary to file an incident report of the accident and make an appointment for that employee to be seen by a doctor if needed. That employee then may be eligible to receive benefits in order to treat the injury. However, the employee is not guaranteed coverage. A workers compensation claim can be denied for a variety of reasons.
There are many factors that are considered before an employee is approved or denied for medical coverage. In the article below, we have answered one of the most common questions that a work injury lawyer in Fort Lauderdale may hear.
What are the reasons why my workers compensation claim might not be approved?
- The injury did not happen at work.
In order for an injury to be approved, it must be proven that it happened due to the work environment or while doing a job-related task. This may get complicated if you were not on the work site, but were running an errand for the company or traveling for work when the accident happened.
- Your employer was not notified within the required time limit.
Many employees may feel pressured to not report an accident out of fear that their employer will somehow retaliate or treat them differently. A worker might decide to not inform their boss about the injury until it worsens and requires medical attention. However, there is a certain period of time in which an employee is able to file for workers compensation. By waiting, a worker may be missing out on benefits that he or she was originally rightfully entitled to.
- You were under the influence of drugs and/or alcohol.
One big reason why a worker may be denied workers compensation benefits is if he or she was under the influence of drugs or alcohol at the time of the injury. Also, an employee is likely to be rejected coverage if it is found that the injury was self-inflicted.
- The injury happened due to arguing with coworkers.
If the injury occurred as a result of arguing or messing around with coworkers, the claim is unlikely to be approved. If an employee was purposely acting carelessly – even if it happened on company property – it is viewed as misbehavior and may be a reason for denial.
- Your employer disputed your injury claim.
Your employer may attempt to dispute your claim, especially if your injury is going to cost the company a significant amount of money. If you feel as though your employer is being neglectful, lying, or otherwise sabotaging your injury claim, it is recommended that you talk with a work injury lawyer immediately. It may come as a disappointing surprise for an employee to hear their employer does not support their injury claim. A legal professional in Fort Lauderdale may help you fight for approval and for a fair amount of benefits required for proper treatment of injuries.
- Learn more about Was My Workers Compensation Claim Handled Improperly?
Work Injury Lawyer Fort Lauderdale
If you have been injured at work, it is important to have a work injury lawyer in Fort Lauderdale on your side. There can be many complexities to your claim and having someone experienced and knowledgeable about workers’ compensation claims will only be a benefit to you. A work injury lawyer from the Law Offices of Franks, Koenig & Neuwelt can help you with your claim! To schedule a free consultation with a work injury lawyer Fort Lauderdale residents know and trust, contact the Law Offices of Franks, Koenig & Neuwelt today.
What Is Exclusive Remedy?
When an employee suffers a catastrophic injury at work, they may greatly benefit from hiring a Fort Lauderdale work injury lawyer. This is because serious injuries inevitably result in substantial medical bills and the need for long term treatment which results in lost earnings. For the insurer, this represents a tremendous profit loss and so to prevent this, they will often fight the injured worker for every dime or deny their claim with a frivolous reason.
The Law Offices of Franks, Koenig & Neuwelt works hard to prevent this outcome and our work injury lawyer in Fort Lauderdale has enjoyed tremendous success in doing so. If you or a close family member suffered a tragic injury while on the job, we encourage you to take advantage of our introductory consultation for which we do not charge. Learn how our work injury lawyers can make a difference in the outcome of your claim.
The term “exclusive remedy” refers to a standard type of agreement between the injured worker and their employer. In exchange for receiving immediate payment of benefits and not having to prove employer liability for the injury, the worker agrees to not file a lawsuit against the employer. This is the default agreement in place with regard to workers’ compensation benefits and injured workers. It works well in many cases, especially ones in which the injury was completely the fault of the employee. However, it does not always favor the employee. For this reason, it’s important to consult a Fort Lauderdale work injury lawyer before signing an agreement to accept benefits.
Why might I not want to agree to an exclusive remedy?
As stated, in many instances it works to the benefit of the employee as well as the employer. However, under certain circumstances, it may be detrimental to the employee. When reviewing the details of your case, our work injury lawyer will consider the following:
- There is a cap, or maximum dollar amount, of benefits to which an employee is entitled to a single injury. If your injury is particularly severe, it may require multiple surgeries and long term medical treatment. In today’s world of stratospheric medical costs, your damages could easily exceed the cap. In this scenario, your work injury lawyer in Fort Lauderdale may recommend pursuing a lawsuit against your employer for the full amount of your expected damages.
- If a third-party was in full or in part responsible for your injury, the workers’ compensation carrier may partially or completely deny your claim. In order to recover your damages, your best option may be to hire a work injury lawyer to file a lawsuit against the third-party.
- Unlike a personal injury claim, workers’ compensation benefits do not include certain types of damages such as pain and suffering, post-traumatic stress disorder, or other emotional injuries. In cases whereby the injured worker is suffering from these damages, they may be better off hiring a workers’ compensation lawyer to file a lawsuit against their employer.
Call Us for a Free Consultation
If you suffered a serious injury while on the job, before you agree to a benefits package, contact the Law Offices of Franks, Koenig & Neuwelt to speak with a work injury lawyer Fort Lauderdale clients recommend to learn if a lawsuit may be your best solution.
“My attorney from Franks, Koenig & Neuwelt, Eric Lakind, returned my calls when I had a question or an issue. Lisa and Kim regularly communicate through emails and telephone to ensure that my injury is being taken care of and insuring that the workers compensation company is doing what they are supposed to be doing.”