When you suffer an injury at work, your first concern is likely your family and your financial future. Filing a workers’ compensation claim through your employer’s insurance company can help you access the funds to pay your medical expenses. But what happens when your employer’s insurance firm denies your claim? What steps can you take if your employer threatens you? Hiring an experienced Florida workers’ compensation lawyer can help you navigate the road ahead.
Your chosen workers’ compensation lawyer will be your advocate as you recover from your injury. In this post, we’ll explain the role a workers’ compensation lawyer can play in your injury case and highlight the benefits injured workers gain when hiring a workers’ compensation lawyer such as J.J. Talbott on their side.
Collecting and Organizing Evidence of Your Injury
Insufficient evidence is one of the top reasons for workers’ compensation claim denial. Even in cases where a claim is approved, you’re more likely to get the compensation you deserve with more substantial evidence backing your case.
Hiring a workers’ compensation attorney will help you:
- Locate and organize evidence of potential lapses in workplace safety standards
- Retrieve medical reports from your physicians and through an independent medical exam
- Depose medical experts to give further clarity to your condition
- Organize and collect statements from friends and family about the impact of your injury on your daily activities
- Collect evidence from vocational experts about the physical requirements of your role and the limitations associated with your injury
Appealing Denied Claims
If the insurance company denies your claim, your workers’ compensation lawyer can help challenge the denial.
There are several possible reasons for the denial of a claim.
These reasons include:
The injury did not occur at work
Your employer and their lawyers may argue your injury did not occur at work. For instance, they may suggest you were injured during a break or while you were not actively working. The employer’s legal team may also argue a pre-existing condition caused your health issue.
A delay in your application
Under Florida Statutes Chapter 440, Section 185, you must notify your employer within 30 days of a workplace injury. If you fail to meet this deadline, your employer may cite the delay as cause to deny your claim.
Your condition and medical treatment are not covered under your workers’ compensation plan
In some cases, your medical condition may not meet the criteria set by the state for workers’ compensation benefits. Your claim may be denied as a result.
Your workers’ comp lawyer can play a critical role in appealing a denied claim. They understand the steps insurance companies take in the denial process and can help devise legal strategies to ensure you receive fair compensation when you file a claim.
Helping You Give a Recorded Statement
Within workers’ compensation cases, insurance companies often ask injury victims to provide a recorded statement outlining the circumstances that led to the injury.
Hiring a workers’ compensation attorney will ensure their team can help guide you and help articulate your recorded statement to the insurance company. They will explain how to state your case without potentially damaging your rights to compensation.
Responding to Employer Threats
In cases where an employer has threatened retaliation if you file a claim, a workers’ compensation lawyer can be a key ally. In Florida, it’s illegal for an employer to threaten an employee for filing a workers’ compensation claim after a work injury.
Under Chapter 440, Section 205 of the Florida Statutes, it is unlawful for an employer to “Discharge, threaten to discharge, intimidate, or coerce any employee because of such employee’s valid claim for compensation or attempt to claim compensation under the Workers’ Compensation Law”.
Ensuring Access to Medical Care
Insurance companies may try to delay or outright deny approval for expensive medical procedures to save on costs. If you’re unable to access medical care, hire a Pensacola workers’ compensation attorney to intervene and place legal pressure on the insurance firm. Your attorney will deploy all available legal resources to support your access to expert medical care and minimize treatment delays.
Enforce Your Rights to Fair Compensation with J.J. Talbott
Pensacola workers’ compensation attorney J.J. Talbott supports those who have been injured on the job in their fight for fair compensation settlements. He has decades of experience battling big insurance companies and litigating challenging workers’ compensation cases for his clients. There’s no greater advocate for injured workers across Pensacola and the surrounding communities.
Discover more about your workers’ compensation case options by booking a free consultation with the Law Office J.J. Talbott today.