4 Wrongful Reasons for Denying a Florida Workers’ Comp Claim
Florida employees who suffer workplace injuries or occupational diseases often assume that the process for filing a workers’ compensation claim is straightforward. You notify your employer, fill out the necessary forms, and start receiving benefits promptly. Other times, you could encounter significant challenges, either from your employer or its workers’ comp insurance company. Your claim could be denied or delayed for reasons that don’t seem right under Florida’s workers’ compensation laws. The financial strain can be considerable, since you’re incurring medical bills during a time that you’re unable to work.
While there are legitimate grounds to reject a workers’ comp claim, there are also unlawful reasons that harm your rights as an employee. You should reach out to an Ocala workers’ comp denials attorney right away if you encounter any of the following:
- You Don’t Qualify as an Employee: All Florida employers with four or more employees must carry workers’ comp insurance; construction companies must carry a policy for every worker. However, the statute specifically excludes independent contractors. As such, some employers may try to shirk their responsibility to pay a rightful workers’ comp claim by misclassifying you as an independent contractor. If the reality of your employment situation indicates that you’re an employee, this reason for a workers’ comp denial is improper.
- Your Injuries Weren’t Within the Scope of Employment: You’re only entitled to benefits if you sustained a medical condition while on the job, performing work-related tasks. Note that you could be considered “at work” even if you were:
- Traveling for an errand per your employer’s instructions;
- Carrying out your job tasks at another work site;
- At a meeting with a business partner or vendor;
- Working overtime; or,
- Conducting any other duties that are associated with your job.
- You Don’t Really Need Medical Care: You could receive a denial based on an assertion that treatment isn’t necessary for your injuries or illness. An employer or insurer will often take this position when your medical condition isn’t visible or obvious. A rejection under such circumstances is wrongful, as only a doctor is in the position to make this determination based upon a diagnosis after a thorough exam.
- Your Injuries Don’t Require Time Off: Another improper reason for denying your workers’ comp claim is alleging that your ailment isn’t severe enough to justify time away from work. This is another decision that should be made by a treating physician who knows about your medical condition and the associated limitations.
Trust an Ocala, FL Workers’ Compensation Lawyer to Protect Your Rights
If your Florida workers’ comp claim was denied, you shouldn’t give up hope without first discussing your situation with a knowledgeable Ocala workers’ compensation attorney. Your employer and the insurance company are often trying to protect their bottom line, so they don’t always have your interests in mind. To learn more about your options after a denial, please contact the Musleh Law Firm. You can schedule a no-cost consultation by calling 352-732-0600 or checking us out online.
https://www.ocalalawyer.com/workplace-fatalities-rose-by-2-in-2018/
