Florida Injury Lawyer Blog
Most workers in Florida are covered by workers’ compensation, a type of no-fault insurance most employers are required to pay. In case of a workplace illness, accident, or injury, this insurance pays important benefits that can help a worker get back on their feet.
While the process of applying for workers’ compensation is intended to be straightforward, the Hollywood workers’ compensation attorneys at Flaxman Law Group regularly hear from injured workers who are facing challenges. One of the most common situations we hear about is an employee with a legitimate claim who has been denied his or her rightful benefits. We’re here for you as well if your claim is denied. Contact us today for a consultation to discuss what you may be able to do to.
Why Are Workers’ Compensation Claims Denied?
In Florida, the following are the most common reasons why your workers’ compensation claim might be denied.
- An employer or their insurer disputes the injury. One of the most common reasons why claims are denied is because the insurer or employer alleges the injury doesn’t qualify because it’s not work related. They may claim an injury occurred during a break, for example, or that you had a pre-existing condition.
- Your illness is not covered. Some illnesses are not covered by workers’ compensation.
- You’ve been misclassified. Some employees are classified as contractors, who are not covered by workers’ compensation. However, if you’re treated as an employee, and have your work controlled by your employer, you may be eligible for workers’ compensation.
- The employer or their insurance company claims you applied too late. Under Florida Statutes 440.185, you must report your work injury or illness within 30 days. If you don’t, your claim will be denied.
- Your employer did not cover you. While employers are required by law to cover all eligible employees, some fail to pay for coverage.
What To Do If Your Workers’ Compensation Claim in Florida is Denied
If your claim is denied or your employer tells you you’re not qualified or eligible, you could still have options. For example, if your employer or their insurance company disputes your injury, you may be able to file an appeal by filing a Petition for Benefits. You may also be able to supply additional proof of your claim.
If your claim has already been denied, it can be a good idea to work with a Hollywood or Florida workers’ compensation attorney. An experienced lawyer can determine if you qualify for benefits or even a third-party civil claim. He or she can gather medical documentation and other evidence that can prove your injuries should be covered. If you’re accused of drinking on the job or if your employer doesn’t have coverage for you, your situation can be even more complicated. You may need an attorney to pursue your rightful compensation.
When you need an attorney in Hollywood or anywhere in South Florida, call Flaxman Law Group at 866-352-9626. We can set up a free accident consultation between you and a Florida workers’ compensation lawyer so you can find out whether you do have options in getting your benefits—and what your next steps might look like.