Workers’ compensation insurance replaces an employee’s earnings and pays for medical care and rehabilitation after a work-related injury or disease. In some cases, insurers may reject these workers’ compensation cases for various reasons. Calling a team of knowledgeable attorneys could help you receive these benefits. A group of dedicated Fort Lauderdale workers’ compensation lawyer may be available to investigate your claim and may be able to provide you with valuable insight. En Español.
Although workers’ comp—as it is commonly known—sounds like protection for the employee, it is actually more of a security blanket for companies. Workers’ compensation is meant to eliminate personal injury lawsuits brought by employees. In return for giving up the right to sue for the injury, workers do not need to prove the company had any liability for causing harm.
Workers’ comp calculates payments using complex formulas. They also give companies and their workers’ compensation insurance carriers ways to deny worker claims. Employers in Fort Lauderdale must provide workers’ comp if they employ four or more workers. Seasonal firms of 12 or more must provide workers’ comp if workers are employed for 30 or more days. Contractors are not eligible. Speak with a Fort Lauderdale workers’ compensation lawyer to learn more.
A person must submit their claim to the Florida Division of Workers’ Compensation as soon as possible, even though Florida law allows two years. The claim requires information on how and where the event happened, the cause of it, and the identities of witnesses and documentation of the harm.
A person must report the injury to their company within 30 days. After 30 days, they cannot file a claim. If there are special circumstances, they may still be able to file. The insurance carrier has 30 days to approve, require additional information, or deny the claim. The person also must immediately arrange to see the insurance carrier’s doctor. If the patient chooses, they may see a doctor of choice, but that can happen only once under Florida law.
When filing a claim, one should seek the assistance of a Fort Lauderdale workers’ compensation lawyer.
Payments cover medical costs and a percentage of the earnings lost. Lung cancer, heart attack, and stroke may qualify if working conditions worsened a preexisting condition from exertion doing work outside the job description. The worker must prove those contentions.
If the employee’s injury did not happen in the course of employment, the injury or illness was preexisting and not exacerbated at work, or a physician’s incorrect decision released the claimant to go back to work – the government may deny their claim.
A denied employee has a right to raise the issue with the insurance company in mediation. If the issue is not resolved, the employee can file a Petition for Benefits to the Judges of Compensation Claims in the Florida Workers’ Compensation’s Appeals Board. The Florida Office of Insurance Regulation can then review their claim. The final resort is to ask the First District Court of Appeals to hear the case.
Appealing an unfavorable decision is a technical and complex process. A team of experienced attorneys are waiting to assist you with your claim. A Fort Lauderdale workers’ compensation lawyer could meet with you for a free consultation to review the facts and explain the law involved.
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