Fort Lauderdale Workers’ Compensation Claims Lawyer
Workers’ compensation is supposed to work like insurance. You get injured, you file a claim, the insurance covers you by paying for your medical care and helping out with lost wages while you are out of work. If only workers’ compensation worked as it should. Instead, the insurance carriers have a pocketful of excuses they give whenever you do make a claim. They are hoping you don’t know your rights and that you’ll just give up if your claim is denied or your benefits are terminated. If you have The Law Offices of David Benenfeld on your side, that won’t happen. We know the law, and we know your rights when you are injured on the job. We also know how to make sure the insurance company treats you fairly and gives you the benefits you are entitled to. If you’ve been injured on the job in Broward County, we can help. See below for some of the main reasons employers and their insurers turn down workers’ comp claims, and call our office in Fort Lauderdale or Sunrise if your claim is denied.
Here’s why workers’ compensation insurance carriers deny claims
The accident wasn’t work-related – To be compensable, an injury (or occupational disease) must arise out of and in the course of employment. If the accident occurred outside of company property or on-site but before you were clocked in, the insurer might try to get you to believe you don’t have a claim. Call our office for a complimentary consultation. We’ll evaluate the hard cases and let you know what we think.
The injury is due to a pre-existing condition – It’s common knowledge that insurance companies like to exclude pre-existing conditions from coverage, but in the case of workers’ compensation insurance, the issue is not so clear-cut. For instance, if a workplace injury combines with a pre-existing condition, the employer is on the hook so long as the work-related injury is more than 50% of the injury and is the major contributing cause of the need for treatment. Also, if a pre-existing condition is accelerated or aggravated by a workplace injury, workers’ comp must pay for the expenses related to that acceleration or aggravation. Don’t let your employer intimidate you when you have a pre-existing condition. Talk to a lawyer who knows your rights.
You’re not really injured – The workers’ compensation lobby would have us all believing that most workers’ comp claims are brought by workers faking their injuries to get free money and not have to work. When you’ve been hurt on the job, this allegation or implication is as much insulting as it is dangerous to your claim. Insurance carriers go to great lengths to prove you aren’t hurt as bad as you say you are, including hiring investigators to go around filming you out shopping or playing with your kids. When you’re hurt and have the medical evidence to prove it, we’ll help you get the benefits you need.
Your application isn’t timely – It’s vital that you notify your employer as soon as possible after a workplace accident and follow all required timelines and procedures. Tell your employer, see a doctor, and call our office to make sure you don’t miss any important deadlines.
Other reasons – The list of reasons insurance companies have to deny claims is vast. In addition to those given above, some of the more common excuses include:
- The accident happened because you were intoxicated or using drugs
- You didn’t use safety equipment that was provided to you
- You haven’t established the fact of your injury to a reasonable degree of medical certainty
- You are not covered by Florida workers’ compensation
- Your claim is fraudulent
If your employer or their insurer denies your claim, it’s worth your while to talk to an experienced workers’ compensation attorney to see if what they say is true, or if you really have a strong claim that deserves to be compensated. We won’t charge anything to listen to your story, and if we take your case, we won’t charge any fee until after we are successful getting benefits for you.
Our Fort Lauderdale Workers’ Compensation Lawyers Know How To Help
For workplace injuries in Pompano Beach, Deerfield Beach, Hollywood and throughout Broward County, call The Law Offices of David Benenfeld in Fort Lauderdale & Sunrise for effective, dedicated help getting medical care and wage benefits from the Florida workers’ compensation system.