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Don’t Let Your Workers’ Compensation Claim Be Denied

When you’ve been injured on the job, Florida law requires that your employer pay damages for your injury. However, employers and insurance companies are not interested in paying claims. So often times they will unfairly deny your workers’ compensation claim. Sometimes these reasons can be legitimate, but a lot of the time they are just looking to get out of paying. In order to avoid this, you need the guidance of a skilled attorney, who can guide you through the process of pursuing a claim.

Common Reasons For Denial

There are many reasons your workers’ compensation claim can be denied. They include:

● Failure To Notify Your Employer: Florida law requires that you report the injury within 30 days of your knowledge of the accident or injury to your employer. This law extends to 30 days after a doctor has diagnosed you with a work-related injury. It is critical that when you are injured on the job, you tell your employer immediately, otherwise they can legally deny your claim.

Failure To File Within The Statute Of Limitations: In the state of Florida, you are required to file your workers’ compensation claim within four years from the date of the underlying accident or injury. To avoid this denial, you need to file your claim immediately after the incident or discovery of the injury.

● Not Exercising Reasonable Care For Your Injuries: Your employer has a legal duty to keep you safe. You also have a legal duty to keep you safe. So if you do not follow medical advice and don’t get the recommended treatment for your injuries, your settlement could be denied. So once you are diagnosed, make sure to follow your doctor’s instructions so you don’t lose your settlement.

● Injury Is Not As Bad Claimed: Your employer and their insurance company may look for evidence to prove that your injury isn’t as bad as you claim. If you return to work and perform your regular duties, they can use this to deny your claim. This can place you in a very difficult position because until you receive your workers’ compensation, you may have to work through the pain of an injury. They may also use evidence from outside of your job, like if you do something physical. Combatting this denial claim is difficult and requires the support of an attorney to get the right medical evidence of the severity of your injuries.

● Self-Inflicted Injury: Employers may claim that the injury was self-inflicted to get a payout. They may also blame horseplay or willful negligence of company rules and policy. In these cases, you can appeal their ruling but you will need the help of an attorney to help gather and provide evidence to prove the legitimacy of your claim.

● Unable To Determine The Cause Of Injury: It can sometimes be difficult to prove your injuries were the direct result of your work. In cases with a clear accident, this denial isn’t as common. However, in circumstances with repetitive stress injuries or is not a known injury related to work, they may deny your claim. Proving causation is critical to your workers’ compensation claim. A good attorney can help you get the evidence you need to show causation.

When your workers’ compensation claim is denied for any of these reasons, you do have recourse. You can appeal a denial, but it is advised to do it with the support of a personal injury attorney experienced in workers compensation claims. At , Goldman, Babboni, Fernandez, and Walsh, we can help. We know that a lot of the time employers and their insurance companies deny claims for illegitimate reasons, hoping to discourage you from further action. However, we have the knowledge, experience, and network to support your claim and get you the evidence you need to get a settlement for your injuries.

Stephen M. Fernandez developed a strong belief in justice and fairness in public policy while earning his Political Science degree prior to attending law school. Since joining the Florida Bar Association in 2004, Stephen Fernandez has combined his background in public policy, business administration and civil law to serve as a highly effective trial lawyer fighting for Florida's injured, working hard every day to make sure his clients get what they are owed.

Don’t Let Your Workers’ Compensation Claim Be Denied

Goldman Babboni Fernandez
Murphy & Walsh

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