Florida employees who are injured on the job are entitled to workers’ compensation benefits to cover their medical expenses and lost wages. When an injured employee is not provided those benefits in a fair manner, they may consider filing a case of “bad faith” against the workers’ compensation insurance company.
One of Florida’s most well known case example of bad faith was Aguilera v. Inservices, 2005. The Florida Supreme Court denied the defense of the workers’ compensation refusal of benefits. It was discovered that the claims adjuster intentionally prevented the injured worker from obtaining medical care, after being annoyed by the claimant’s complaints. When the insurance company delayed payments and refused medical care, it was seen as acting in bad faith.
Why are most Florida workers’ compensation claims denied?
Many times workers’ compensation insurance companies unfairly deny claims. Below is a list of the most commonly used reasons for denial of benefits.
- Employer disputes the claim occurred at work
- Expiration of statute of limitations
- Suspicion of insurance fraud
- Uncertainty of work related injury
- Untimely notification of injury or illness
- Investigation of pre-existing condition
As this case illustrates, workers’ compensation adjusters are well versed in taking advantage of injured employees. Employees who have been injured in a work-related accident or developed a work-related illness or injury should always check with a skilled attorney first, to make sure they are being treated fairly. A qualified workers’ compensation attorney can make an astounding difference in the way you achieve the results you need, both for your physical and financial health.
Employees who suffer from work-related injuries and illnesses are eligible for workers’ compensation benefits! It is important to talk with an experienced South Florida Workers’ Compensation Attorney to make sure that you are not denied full benefits.
If you need assistance to file your claim for Florida Workers’ Compensation Bad Faith, the Law Offices of David Benenfeld is here to help. For or a free legal consultation and book call today: [number type=”2″] or [number type=”1″].