Do you know what would happen if you were injured at work? Do you know what options you have?
One of the first things to know about on-the-job accidents and injuries in Florida is that you have rights. To better understand your rights, you should contact a West Palm workers’ comp lawyer who can help you better understand the process.
However, if you experience a minor injury, you may wonder if hiring legal representation is really necessary.
Here you can learn more about when you should hire a Florida workers’ compensation lawyer.
Related Article: Why You Need a Lawyer for Your Florida Worker Compensation Case
Signs You Need Legal Representation for Your Workers’ Comp Claim
The way your employer or their insurance company handles your workers’ compensation case will determine if you should hire an attorney (in most cases).
Some of the signs that indicate you need an attorney can be found here.
The Employer or Insurance Carrier Deny Your Accident Occurred at Work
This is commonly a situation if you experience a minor injury and fail to report it right away. The injury can be aggravated even more if you continue to work. At some point, it may become serious, and your employer or carrier may make the claim that your original injury did not occur while you were working.
This can also occur if the long-term impact of exposure to something while on the job results in a disease.
Related Article: Top 5 Mistakes People Make After Suffering a Work Injury
You Need to Negotiate with the Workers’ Comp Insurance Company
You will need help from your attorney if your employer’s insurance company tries to deny your claim.
The workers’ compensation insurance provider generates profits through premiums and denying claims. Because of this, you can expect the insurer to try to deny the claim in hopes that you won’t seek legal help or try to minimize the value of your claim.
Resistance from an insurance company does not have to be the last word on your case. You can work to come to an agreement by negotiating a settlement for the claim. The issue with this is that lawyers for the insurance company are experts at reducing the value of these claims. They will also pressure you to settle for less money than you deserve to cover your medical costs and lost wages related to the at-work accident.
To recover a fair settlement, you must have an attorney on your side who can provide effective services to negotiate a fair settlement and help you navigate the workers’ compensation process.
Related Article: Do I Need a Lawyer to File a Workers’ Compensation Claim?
The Insurance Company Uses Stall Tactics for Your Claim
If you experience an on-the-job injury, you need to let your employer know about the incident immediately. You should report what happened in writing and retain a copy of the report for your records.
When you do this, the company is required to give you the necessary paperwork and report the case to the state workers’ compensation board and file a claim with their insurance provider. This process should take no more than 30 days to complete.
For Help with Your Workers’ Compensation Hearing
Not all workers’ compensation cases require a hearing. However, if your employer’s insurance company refuses to settle, you must substantiate your claim and provide proof of your situation through a worker’s compensation hearing.
This is another situation that requires help from an experienced attorney. If you don’t have a thorough understanding of your rights as an injured worker, having an attorney is essential.
Related Article: Do You Need a Workers’ Compensation Lawyer?
You Experience a Permanent Disability
You may experience a permanent disability, either partial or total, that can keep you from ever being able to return to work and do the job you did in the past. Insurance companies are much more likely to contest this type of claim because they are more expensive to pay out.
Your Doctor Recommends a Treatment the Insurance Provider Won’t Cover
Another situation where your insurance company will likely deny your claim is if your doctor recommends a treatment they don’t typically cover. If treatment is considered unnecessary, your claim may be reduced or denied.
The Insurance Company Denies Your Claim
If you move forward and appeal this decision, which is something you should do if you believe you have a legitimate claim, things can get complicated. At this point, having an attorney to provide expert advice is essential. If disagreements are involved, you should have a legal professional representing your interests.
Related Article: Workers Compensation Case: Can I See My Own Doctor?
The Settlement Offer Doesn’t Cover All Accident-Related Costs
Usually, a workers’ compensation settlement will provide permanent disability benefits. This is based on a rating system that is determined by the examining doctors.
If your employer’s insurance company does not agree with the assigned rating, it can require that you undergo an IME (independent medical exam) by a doctor it chooses. There is a good chance that this doctor will provide a lower rating than what you believe you deserve.
An attorney can help you convince a judge that you should receive a higher rating.
You Have a Preexisting Condition
If you believe you have had an issue with the part of your body before you hurt yourself at work, the insurance company will try to blame your new pain on that fact. You have to present evidence that proves this is not the case. An attorney can help you gather the evidence you need.
Don’t Wait to Hire a Florida Workers’ Compensation Attorney
If you are injured at work, you will have more than a few things to deal with. Be sure to contact our legal team at Sternberg | Forsythe, P.A. for help and information about your case. This will pay off and help you achieve the best possible outcome for your situation.
Be sure to contact our office today to schedule a free initial consultation. This is going to ensure that you get the benefits that you are entitled to.