Workers’ compensation claims are frequently unfairly denied. Broward County injured employees who are denied proper coverage may have a case for “bad faith” against their workers’ compensation carrier.
Individuals who become injured on the job face multiple worries. Immediate concerns commonly turn to money. Injured employees are often perplexed as to how they will be able to afford and navigate medical care they need. Figuring out how to pay the bills while they’re out of work is another huge concern. Injured employees wonder how they will possibly be able to afford to take off time from work to recover. Many are forced to return before they have completely recovered from the work injury.
Under Florida’s Workers’ Compensation Act, employees who are injured on the job are entitled to receive monetary benefits to cover the costs of medical care and lost wages. Since it is mandatory for Florida employers who have at least four employees to provide workers’ compensation insurance, most people assume that the benefits are an automatic given. Sadly, numerous claims for workers’ compensation are unfairly denied.
Why are FL Workers’ Comp Claims Denied?
Once injured employees file their claim they are typically appointed a case manager who quickly gives the impression that they are functioning in the best interest of the employee. Again, this is not necessarily true. The workers’ compensation insurance company works on behalf of the employer and hence, may not always be eager to provide all of the benefits that the injured employee is entitled to. Benefits that include lost wages and medical expenses equate to costing the insurance company more money. For this reason alone, many injured employees never receive the Florida workers’ compensation benefits they are due. When an injured employee’s claim is denied coverage without proper justification, then the workers’ compensation coverage is considered to be provided in bad faith.
When should an injured employee file a case for bad faith?
Granted, some people want more than they are entitled to, or more than is even provided under legal jurisdiction. However, in countless situations, injured employees have been gravely served under Florida’s Workers’ Compensation Law. Below is a list of scenarios in which an injured employee should consider pursuing a case of bad faith against the workers’ compensation insurance provider.
1. Deny or limit workers’ compensation without justification
2. Deny or limit workers’ compensation without warning
3. Negligence in making proper payment to claimant
4. Delay making payments to injured employee
5. Force employee to return to work too early
6. Force employee to accept low settlement
7. Refuse to cover medical expenses
When workers’ compensation benefits are not provided many injured employees are caused further harm, to their physical, financial, and emotional health. Contact the Law Offices of David Benenfeld for a free legal consultation to determine if you have a case. Call [number type=”2″] or [number type=”1″].