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, 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.
Table Of Contents
- Why Would A Workers’ Compensation Claim Be Denied?
- What Is Exclusive Remedy?
- Common Injuries In The Workplace
- Fort Lauderdale Work Injury Lawyer
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. 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 and work is not available from your employer
- 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 may be 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. However, these are compensable cases, and you should be entitled to benefits.
- 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. However, the insurance company has to prove it, and in many situations it is very difficult. Don’t be discouraged if someone claims you did something, especially if it’s not true.
- The injury happened due to arguing with coworkers.
Employers will be quick to point the finger, and will blame employees for alleged horseplay. They will try and say that employee was doing some thing outside the scope of their employment. This is a typical denial and one that insurance companies use to try and get out of providing the benefits you are owed.
- 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.
COMMON INJURIES IN THE WORKPLACE
Work-related injuries are a prevalent concern across various industries, affecting employees worldwide as a Fort Lauderdale Work Injury Lawyer will tell you. These injuries can range from minor accidents to severe incidents, impacting the physical and mental well-being of workers. Understanding the common types of workplace injuries is essential for employers and employees alike to implement effective safety measures and reduce the risk of accidents.
SLIPS, TRIPS, AND FALLS:
- Slips, trips, and falls are among the most common workplace injuries. Wet or uneven surfaces, cluttered walkways, and inadequate lighting contribute to these accidents. Employees may suffer sprains, strains, fractures, or even more severe injuries such as head trauma. Regular maintenance of workspaces, proper signage, and employee awareness campaigns can help mitigate the risks associated with slips, trips, and falls.
MUSCULOSKELETAL DISORDERS (MSD):
- Musculoskeletal disorders encompass a range of conditions affecting muscles, tendons, ligaments, and joints. Prolonged periods of repetitive motion, poor ergonomics, and improper lifting techniques contribute to MSDs. These injuries can result in chronic pain, reduced mobility, and decreased productivity. Implementing ergonomic workstations, providing training on proper lifting techniques, and encouraging regular breaks can help prevent musculoskeletal disorders.
STRAINS AND SPRAINS:
- Strains and sprains often result from overexertion, lifting heavy objects, or engaging in strenuous activities without proper warm-up or technique. These injuries commonly affect the back, shoulders, and limbs. Employers can reduce the risk of strains and sprains by implementing ergonomic workplace designs, providing lifting aids, and offering employee training on proper body mechanics.
CUTS AND LACERATIONS:
- Workers in industries involving sharp tools, machinery, or materials are susceptible to cuts and lacerations. Inadequate training, lack of personal protective equipment (PPE), and poorly maintained equipment can contribute to these injuries. Employers should prioritize safety training, enforce the use of appropriate PPE, and regularly inspect and maintain tools and equipment to prevent cuts and lacerations.
FALLS FROM HEIGHTS:
- In industries such as construction and maintenance, falls from heights pose a significant risk. Failure to use proper fall protection equipment, inadequate training, and unstable working surfaces contribute to these accidents. Employers must enforce strict safety protocols, provide appropriate protective gear, and ensure that employees are adequately trained to work at elevated locations. A Fort Lauderdale work injury lawyer from our firm can assist you with cases related to falls on the job.
BURNS AND CHEMICAL EXPOSURES:
- Workers dealing with hazardous substances or working in environments where there is a risk of exposure to chemicals may suffer burns or other health issues. Inadequate personal protective equipment, lack of training, and improper storage and handling of chemicals contribute to these injuries. Employers should implement strict safety protocols, provide proper training, and ensure the availability of emergency response measures to minimize the risk of burns and chemical exposures.
REPETITIVE STRAIN INJURIES (RSI):
- Repetitive strain injuries result from prolonged and repetitive motion, commonly associated with activities such as typing or using vibrating tools. These injuries affect the muscles, tendons, and nerves, leading to pain and reduced functionality. Employers can reduce the risk of RSIs by implementing ergonomic workstations, providing regular breaks, and promoting awareness of proper work techniques.
Preventing workplace injuries requires a comprehensive approach that includes proper training, the implementation of safety protocols, and the provision of necessary protective equipment. Employers and employees must work together to create a safe and healthy work environment, minimizing the risk of common injuries and promoting overall well-being in the workplace. If you have been injured on the job then be sure to contact us at the Law Offices of Franks, Koenig & Neuwelt to speak with a Work Injury Lawyer Fort Lauderdale residents turn to in their time of need.
FORT LAUDERDALE WORK INJURY STATISTICS
According to the National Safety Council (NSC), the number of preventable work deaths increased 5% in 2022, totaling 4,695. In addition to preventable fatal work injuries, 791 homicides and suicides occurred in the workplace in 2022. These intentional injuries are not included in the preventable-injury estimates. The NSC also reports that 159,379 workers suffered injuries that year.
FORT LAUDERDALE WORK INJURY LAWYER
If you were hurt at work, consult a Fort Lauderdale work injury lawyer. You may be entitled to compensation. Here are some frequently asked questions and answers about work injury lawyers.
What is a work injury lawyer, and what do they do?
A work injury lawyer, also known as a workers’ compensation attorney, specializes in handling legal matters related to injuries or illnesses that occur in the workplace. These professionals assist workers who have suffered harm on the job, ensuring they receive the compensation and benefits they deserve.
When should I consult a work injury lawyer?
If you’ve sustained an injury or illness at work, it’s advisable to consult a work injury lawyer as soon as possible. Early intervention can help protect your rights and ensure you receive proper compensation for medical expenses, lost wages, and potential long-term effects of the injury.
What types of cases do work injury lawyers handle?
Work injury lawyers handle a wide range of cases, including but not limited to:
- Accidents resulting in injuries (e.g., slips, falls, machinery accidents)
- Occupational diseases or illnesses caused by workplace conditions
- Repetitive stress injuries
- Construction site accidents
- Workplace-related fatalities
How does the legal process work in work injury cases?
The legal process typically involves:
- Reporting the injury to your employer
- Seeking medical attention
- Filing a workers’ compensation claim
- Consultation with a work injury lawyer
- Negotiation with the insurance company
- If necessary, filing a lawsuit
What compensation can I expect from a work injury case?
Compensation varies based on the nature and severity of the injury. It may include medical expenses, rehabilitation costs, lost wages, disability benefits, and, in some cases, compensation for pain and suffering. A Fort Lauderdale work injury lawyer will assess your case and strive to secure the maximum compensation available.
Do I need to prove fault to receive compensation in a work injury case?
In workers’ compensation cases, fault is generally not a factor. The focus is on providing financial support for injured workers, regardless of who caused the accident. This “no-fault” system aims to expedite the process and ensure timely assistance for those in need.
How much does hiring a work injury lawyer cost?
Many work injury lawyers operate on a contingency fee basis, meaning they only get paid if you win your case. Their fees are typically a percentage of the compensation awarded. This arrangement ensures that legal representation is accessible to those who may not be able to afford upfront legal fees.
What if my workers’ compensation claim is denied?
If your claim is denied, a work injury lawyer can help you navigate the appeals process. They will gather additional evidence, represent you in hearings, and work to reverse the denial, ensuring you have the best chance of receiving the compensation you deserve.
Can I choose my own doctor for a work-related injury?
In many cases, your employer’s workers’ compensation insurance will dictate the choice of medical providers. However, a work injury lawyer can select an expert medical provider to obtain an opinion to support your claim and ensure you receive appropriate medical care.
If you sustained a work injury, schedule a meeting with a Fort Lauderdale work injury lawyer. At Law Offices of Franks, Koenig & Neuwelt, we want to help you get justice.
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.”