A Guide to Workers’ Compensation
Workers’ compensation laws were put into effect to protect workers against injuries caused on the job. When someone is injured on the job, they have the right to receive wage replacement benefits and medical coverage while they recover. Some people also receive workers’ compensation benefits that pay for permanent disability. Learning about their rights and the process is essential for helping injured workers.
Workplace Injuries Can Happen Anywhere
Although some industries are more dangerous than others, workplace injuries can happen in any location. When someone becomes injured on the job, they need to know the steps to take. Workplace injuries can range from mild to severe. Although workers’ compensation laws were put into place to protect workers and give them benefits, injured people are often denied benefits that they are entitled to under law.
Common Reasons Workers’ Compensation Is Denied
Workers’ compensation benefits can be denied for multiple reasons. When someone is denied the benefits they are owed, it is wise for them to seek legal counsel. The following are some of the common reasons insurance companies will attempt to deny an injured worker their benefits.
- The injuries were ineligible. Not all workplace injuries are eligible for workers’ compensation benefits. Insurance companies may deny a claim if they feel the injury did not arise directly from the worker’s job duties.
- If the injury was not reported correctly, injured workers can also receive a denial. There is a time limit in most states. The time limit for reporting a workplace injury is 30 days, including in Florida. Failure to report within this time frame could result in a denial of benefits.
- The employer has the right to dispute the injury. The employer and their insurance company may claim the worker is not truly injured, that the injury is not job-related, or that the injury is preexisting, all which can result in a denial of the claim.
If a worker is denied claims, that does not mean their claim is over. There are options for the worker to appeal the decision. It is important that injured workers act quickly and do everything possible to protect their rights.
Seek Help From a Lawyer
Legler, Murphy, & Battaglia’s Workers’ compensation lawyers offer free case evaluations for all new clients. Those who have been injured on the job have the right to seek legal counsel for help with their injury claim. Unfortunately, injured workers are often denied benefits.
Scheduling a case evaluation is one of the first steps injured workers should take if they feel their employer is going to deny the claim. Even outside of a denial, an injured worker can receive beneficial guidance through the help of a lawyer. The lawyer will even come to the worker’s home or hospital to talk about their claim.
How Do Lawyers Help Injured Workers?
Legler, Murphy, & Battaglia’s Workers’ compensation lawyers can help injured workers in many ways. Consider the following reasons for seeking legal representation after a workplace injury.
- The right workers’ compensation injury lawyer will help their injured client gather evidence that can be used to prove the injuries occurred on the job or as a result of employment.
- The lawyer will also negotiate with the employer and insurance company to hold them accountable for settling their case fairly. The lawyer becomes an advocate for their injured client and will not stop advocating until a fair outcome is obtained.
- If the workers’ compensation case goes to trial, the lawyer will represent the client throughout the proceedings. An injured worker should never have to go through the process of a hearing or trial without legal representation.
- Lawyers will also advise their injured clients on any third-party claims that may be available. Injured workers may have a claim against a third party that does not include their employer. Third-party claims can result in enhanced compensation for injured workers.
Injured Workers Should Be Treated Fairly
Injured workers have rights afforded to them under the law. When someone is injured, they need to report the injury to their supervisor right away. Waiting too long to report injuries could result in a denial of benefits.
As an injured worker, you have the right to be treated fairly in the process. If you feel the employer is dragging their feet or unfairly denying the claim, take action. You should not have to fight your employer or their insurance company alone.
Now is the time to seek help for a workers’ compensation claim. You may be entitled to medical benefits and should seek them as you recover.
At Legler, Murphy, & Battaglia, LLP, we are committed to helping our clients get the fair outcomes they deserve. We are personal injury and workers’ compensation lawyers that aggressively pursue what is right for our clients. We proudly serve the injured in Bradenton, Ellenton, Palmetto, Lakewood Ranch, Sarasota, and Venice.