Are you struggling with a denied workers compensation claim in Florida? You’re not alone. Getting injured on the job can be difficult enough, but being denied compensation can make it even harder. Fortunately, there are ways to avoid this outcome and increase your chances of success.
An experienced Tampa workers compensation lawyer will explain some of the top reasons why workers’ comp claims get denied in Florida and how working with us can help you navigate these challenges.
Workers Compensation Is Not a Fault-Based System
In Florida, workers’ compensation is a no-fault system. This means that you don’t need to prove that someone else was responsible for your injury to receive benefits. Even if the accident was entirely your fault, you could still be eligible for compensation.
The purpose of this system is to provide employees with medical care and wage replacement without having to go through a lengthy court process. However, this doesn’t mean that every claim will automatically be approved.
You must remember that insurance companies are never on your side. Even if you have a good relationship with your employer, ultimately an insurance adjuster will decide whether they approve your workers compensation claim.
And this is why you should have a Tampa workers compensation attorney by your side from the very beginning of filing your claim, not after it was denied. But let’s not stray from the main topic. Let us explain the main reasons why your workers compensation claim may be denied.
1. You Reported the Injury Too Late
One of the top reasons why your workers compensation claim may be denied in Florida is because you reported the injury after several days. It’s important to report any work-related injuries as soon as possible, ideally within 30 days or less.
When you wait too long to report your injury, it can raise red flags for your employer and their insurance company. They may question whether the injury actually occurred at work or if it was caused by something else entirely. Additionally, waiting too long can make it harder to gather evidence and witness statements that support your claim.
It’s crucial to understand that reporting an injury doesn’t necessarily mean filing a formal workers compensation claim right away. You can simply notify your supervisor and HR department of what happened and seek medical attention if necessary. This will create a paper trail that documents the incident should you need to file a claim later on.
2. There Were No Witnesses to Your Workplace Accident
Another reason why workers’ compensation claims get denied in Florida is due to a lack of witnesses to the workplace accident. When there are no witnesses, it can be challenging for an injured employee to prove that their injuries were work-related and not pre-existing.
However, just because there were no witnesses does not mean your claim is automatically denied. In some cases, surveillance footage or other forms of evidence can support your claim even if there were no eyewitnesses present at the time of the accident.
If you’re facing a denial due to a lack of witnesses in your case, don’t give up hope. Consult with an experienced Tampa workers’ compensation lawyer who has dealt with similar situations before and can advise you on how best to proceed with your claim.
3. You Refused to Take a Drug Test
One of the most serious reasons why your workers compensation claim may be denied in Florida is if you refused to take a drug test after the workplace accident. Many employers require their employees to undergo drug testing as part of their company policy, and refusing to do so can be seen as suspicious.
If you don’t take a drug test, your employer may assume that you were under the influence of drugs or alcohol at the time of the accident. This can lead them to deny your claim for benefits on the grounds that your injury was caused by your own negligence.
In this instance, a Tampa workers compensation lawyer can do very little to help your case. It is simply impossible to prove that you were not under the influence of drugs – which exonerates your employer from the obligation to pay workers comp benefits.
4. Your Employer Believes You Were Injured Out of Work Hours
If you were injured outside of work hours, your employer may try to use that as a reason to deny your workers’ compensation claim. However, this does not necessarily mean that you are not entitled to benefits.
The key factor in determining whether an injury is compensable is whether it arose out of and in the course of employment. This means that if your injury occurred while performing work-related tasks or was caused by conditions specific to your job, you may still be able to recover benefits.
It’s important to note that even if the injury did occur outside of work hours, there are exceptions. For example, if you were required to attend a business-related event or were on call at the time of the accident, you may still be covered under workers’ compensation.
If your employer believes that your injury occurred outside of work and denies your claim, it’s crucial to seek legal advice from an experienced Tampa workers’ compensation lawyer. They can help review the circumstances surrounding the incident and determine whether there is a basis for appealing the denial decision.
5. You Have a History of Filing Workers Compensation Claims
If you have a history of filing workers’ compensation claims, it can unfortunately work against you in the future. Employers may become suspicious and believe that you are trying to take advantage of the system. While this may not always be true, it is important to be aware of how your past claims could affect your current one.
It’s important to note that having a previous workers’ compensation claim does not automatically mean your current claim will be denied. However, insurance companies and employers may scrutinize your case more closely than others who do not have a history of filing claims.
To help prevent any issues with your claim being denied due to past filings, make sure to provide all necessary documentation and evidence related to your injury. Be honest about any prior injuries or health conditions that could impact your current situation.
If you feel like you’re facing unfair treatment due to previous workers’ comp claims, it’s important to speak with an experienced Tampa workers’ compensation lawyer who can help protect your rights and fight for fair treatment.
Talk to an Experienced Tampa Workers Compensation Lawyer!
If your workers compensation claim has been denied, it is important not to give up. You have the right to appeal the decision and fight for the benefits you deserve. However, navigating through the legal system can be difficult without proper knowledge or guidance.
This is where an experienced Tampa workers compensation lawyer comes in. They can help you understand your rights and options, gather evidence to support your claim, and represent you throughout the appeals process.
Remember that time is of the essence when dealing with a denied workers compensation claim. Don’t wait too long before seeking legal advice as there are strict deadlines for filing an appeal. So call us at 786-249-7999 to schedule a free case review as soon as possible after your claim was denied!