Workers’ Comp Claims

Our Experienced Workers’ Comp Claims Attorneys Help Injured Workers Pursue The Benefits They Need in Fort Lauderdale, Florida

Workplace accidents in Florida can lead to serious injuries, leaving employees struggling with medical bills and lost wages. Workers’ compensation claims offer a lifeline for those hurt on the job, providing necessary financial support and access to therapy. However, navigating the complex workers’ comp system in Fort Lauderdale can be challenging without proper guidance from an experienced workers’ comp claim attorney.

At the Law Offices of David M. Benenfeld, we know the law, and we know your rights when you are injured on the job. We also know how to make sure the insurance company treats you fairly when seeking the benefits for which you are eligible. If you’ve been injured on the job in Fort Lauderdale, we can help.

Workers’ compensation is supposed to work like insurance, in theory: When you get injured at work, you file a claim, and the employer’s workers’ comp insurance is supposed to cover you by paying for your medical care and helping out with lost wages while you are out of work. If only workers’ compensation worked as it should. Instead, the insurance carriers have a pocketful of excuses they give whenever you do make a claim. They are hoping you don’t know your rights and that you’ll just give up if your claim is denied or your benefits are terminated. Our attorneys fight hard for injured workers to prevent that from happening.

Schedule a free consultation with the Law Offices of David M. Benenfeld, P.A. in Fort Lauderdale by calling (954) 677-0155(954) 677-0155 if your claim was denied, or fill out our online form. See below for some of the main reasons employers and their insurers turn down workers’ comp claims, and how we can help you avoid these pitfalls in your Florida workers’ comp claim. If You’ve Been Hurt – We Can Help!

Key Takeaways

• Workers’ comp attorneys help injured workers in Florida navigate complex employment laws and seek benefits
• Insurance carriers often deny claims for various reasons, including disputes over work-related injuries
• Pre-existing conditions can complicate workers’ compensation claims but don’t automatically disqualify them
• Injured workers must report injuries promptly and follow specific timelines to maintain claim eligibility
• Experienced workers’ comp attorneys play a crucial role in protecting workers’ rights throughout the claims process
• The attorneys at the Law Offices of David M. Benenfeld, P.A. offer free consultations to injured workers in the Fort Lauderdale area, and they work on a contingency fee basis to make their workers’ comp claim guidance and legal representation accessible to work accident victims in Southeast Florida who do not have money set aside to pay for a lawyer

Why Workers’ Comp Insurance Carriers Deny Claims in Fort Lauderdale, Florida

Workers’ compensation insurance carriers in Florida often deny claims, leaving injured workers struggling to access vital disability benefits and necessary physical therapy. Any of the following can be reasons given for why a workers’ comp claim in Fort Lauderdale was denied, and we work closely with workplace injury victims in the Fort Lauderdale area to anticipate and prevent these pitfalls or counter them when necessary:

• The accident wasn’t work-related: To be compensable, an injury must arise out of and in the course of employment. If the accident occurred outside of company property or on-site but before you were clocked in, the insurer might try to cause you to believe you don’t have a claim. Call our office for a complimentary consultation. We’ll evaluate the hard cases and let you know what we think.
• The injury is due to a pre-existing condition: It’s common knowledge that insurance companies like to exclude pre-existing conditions from coverage, but in the case of workers’ compensation insurance, the issue is not so clear-cut. For instance, if a workplace injury combines with a pre-existing condition, the employer is on the hook so long as the work-related injury is more than 50% of the injury and is the major contributing cause of the need for treatment. Also, if a pre-existing condition is accelerated or aggravated by a workplace injury, workers’ comp must pay for the expenses related to that acceleration or aggravation. Don’t let your employer intimidate you when you have a pre-existing condition. Talk to a lawyer who knows your rights.
• You’re not really injured: The workers’ compensation lobby would have us all believing that the majority of workers’ comp claims are brought by workers faking their injuries to seek free money and not have to work. When you’ve been hurt on the job, this allegation or implication is as insulting as it is dangerous to your claim. Insurance carriers go to great lengths to prove you aren’t hurt as bad as you say you are, including hiring investigators to go around filming you out shopping or playing with your kids. When you’re hurt and have the medical evidence to prove it, we’ll help you pursue the benefits you need.
• Your application isn’t timely: It’s vital that you notify your employer as soon as possible after a workplace accident and follow all required timelines and procedures. Tell your employer, see a doctor, and call our office to make sure you don’t miss any important deadlines.

Other reasons workers’ comp claims can be denied in Florida: The list of reasons insurance companies have to deny claims is vast. In addition to those given above, some of the more common excuses include:

• The accident happened because you were intoxicated or using drugs
• You didn’t use safety equipment that was provided to you
• You haven’t established the fact of your injury to a reasonable degree of medical certainty
• You are not covered by Florida workers’ compensation
• Your claim is fraudulent

Whether these denials stem from disputes over whether the injury is work-related, the involvement of pre-existing conditions, suspicions of exaggerated injuries, or issues with claim filing timelines, understanding these common reasons for denial is crucial for workers seeking compensation for personal injuries suffered on the job. By recognizing potential roadblocks, injured employees can better prepare their claims, working with their attorneys to address any concerns related to employer negligence or other contributing factors.

If your employer or their insurer denies your claim, it’s worth your while to talk to an experienced workers’ compensation attorney to see if what they say is true, or if you really have a strong claim that needs to be compensated. We won’t charge anything to listen to your story, and if we take your case, we won’t charge any fee until and unless we are successful in securing benefits for you.

Is the Injury Work-Related?

A key factor in determining the validity of a workers’ compensation claim is whether the injury is truly work-related. Insurance carriers scrutinize occupational injuries to make sure they occurred within the scope of employment, particularly in high-risk industries like construction. Occupational safety and health guidelines play a crucial role in establishing the connection between workplace conditions and the reported injury. Employers and insurance companies may request detailed documentation, including email correspondence and witness statements, to verify the circumstances surrounding the incident.

Common Work-Related Injury Factors	Potential Challenges
Occurred during work hours	Off-site or after-hours incidents
On employer’s premises	Remote work or travel-related injuries
Performing job duties	Personal activities during work time
Using work equipment	Improper use or unauthorized equipment

Is a Pre-Existing Condition Involved?

Pre-existing conditions can complicate workers’ compensation claims in Fort Lauderdale, FL. Insurance carriers often scrutinize cases involving prior injuries or health issues, as they may argue that the current injury is not work-related. This situation can lead to denied claims or reduced benefits, potentially forcing injured workers to consider a lawsuit or even a wrongful death claim in severe cases. While pre-existing conditions don’t automatically disqualify a claim, they require careful documentation and legal guidance to navigate successfully. Workers in Fort Lauderdale should be prepared to address these concerns when filing a claim in coordination with a workers’ comp attorney:

• Gather all relevant medical records
• Collect expert medical opinions
• Document how the work injury aggravated the pre-existing condition
• Be prepared for additional medical examinations

Is The Injury Exaggerated?

Insurance carriers often scrutinize workers’ compensation claims for possible exaggeration of injuries. They may question the severity of pain reported by the claimant or seek evidence that the injury has reached maximum medical improvement. In cases involving serious injuries, such as spinal cord injuries, carriers may request additional medical evaluations to verify the extent of the damage. If a claim is denied due to suspected exaggeration, you have the right to appeal the decision. The Occupational Safety and Health Administration provides guidelines for workplace injury assessment, which can be valuable in these situations.

You and your attorney will emphasize these steps to support your claim if the carrier suggests the claim might be exaggerated:

• Document all symptoms and medical treatments
• Collect thorough medical evaluations from approved healthcare providers
• Follow prescribed treatment plans consistently
• Keep detailed records of how the injury affects daily activities
• Consider seeking a second medical opinion if initial assessments are disputed

Have You Filed Your Claim According to Appropriate Timelines and The Statute of Limitations?

Workers’ compensation insurance carriers in Florida closely examine claim filing timelines to ensure compliance with the state’s statute of limitations. Injured workers must report injuries to their employer within 30 days and file a claim within two years to maintain eligibility for income benefits and medical treatment from an authorized physician. Failure to meet these deadlines can put workers at risk of claim denial, potentially leaving them responsible for medical fees and lost wages due to work-related injuries or strains.

Avoiding Mistakes When Pursuing a Workers’ Comp Claim in Fort Lauderdale, Florida

Injured workers in Fort Lauderdale, Florida, must exercise caution when pursuing workers’ comp claims to avoid costly mistakes. One common error is failing to report health issues promptly, especially in cases involving gradual onset conditions like carpal tunnel syndrome. Timely reporting promotes proper documentation and increases the chances of a successful claim.

Another mistake to avoid is attempting to handle complex cases without legal representation. A workers’ comp attorney can navigate the intricate legal process, represent the injured worker before a judge if necessary, and help seek fair compensation. This is particularly important in severe injury cases, such as those involving amputation, where the long-term impact on the worker’s life can be significant.

Injured workers should also refrain from discussing their case on social media or with unauthorized parties. It’s crucial to maintain the integrity of the claim by limiting communication about the injury to authorized medical professionals and legal representatives. This approach helps protect the worker’s rights and helps to pursue maximum compensation for their case. Our attorneys can guide you regarding potential missteps in the context of your unique claim.

Steps To Take To Pursue a Workers Comp Claim in Fort Lauderdale

Injured workers in Fort Lauderdale must take prompt action to pursue a workers’ comp claim. A work accident victim should report the injury to their employer immediately, whether it occurred due to a vehicle accident or a workplace incident. Employees must seek medical attention from an authorized provider to document their injuries.

After reporting the injury and undergoing initial medical care, injured workers should file a formal claim with their employer’s workers’ compensation insurance carrier. You may need to provide details about the accident, including any witnesses or contributing factors. If the injury impacts your ability to work, coordinate with your workers’ comp attorney to determine whether they need to apply for social security disability benefits as a potential additional source of support.

Throughout the claims process, you will need to maintain accurate records of all medical treatments, expenses, and communications related to your case. Your attorney can do much of the heavy lifting in this process on your behalf, but communication is key. If disputes arise, you and your attorney may need to participate in mediation or hearings to resolve issues.

Consult with a workers’ comp attorney for guidance throughout this process. To summarize, the steps to pursue a workers’ comp claim in Fort Lauderdale include:

• Report the injury to the employer within 30 days
• Seek medical treatment from an authorized provider
• File a formal workers’ compensation claim
• Gather and maintain all relevant documentation
• Follow prescribed medical treatment plans
• Attend all scheduled medical appointments and evaluations
• Participate in mediation or hearings if necessary

Steps to Take To Pursue a Workers’ Comp Appeal in Fort Lauderdale, Florida

When a workers’ compensation claim is denied in Fort Lauderdale, Florida, injured workers have the right to appeal the decision. This process can be complex, especially for those dealing with severe injuries like burns or spinal cord damage. Gathering strong evidence is crucial. Injured workers should be prepared to provide detailed medical records, witness statements, and any relevant email correspondence to support their appeal. By following the proper steps and seeking legal guidance from experienced attorneys at a Florida workers’ compensation law firm, workers can avoid pitfalls, increase their chances of overturning a denied claim, and improve their ability to seek the benefits they need for recovery.

Evidence in a Workers’ Comp Claim

In workers’ comp appeals, strong evidence is crucial for supporting claims, especially those involving catastrophic injuries like brain trauma. Injured workers must gather comprehensive medical records, including hospital reports and detailed documentation of their treatment and recovery process. The United States Department of Labor provides guidelines on the types of evidence needed, emphasizing the importance of expert medical opinions and detailed accounts of how the injury impacts the worker’s ability to perform job duties.

When representing injured workers, our attorneys at the Law Offices of David M. Benenfeld, P.A. pay close attention to collecting and presenting this evidence effectively, thoroughly documenting relevant aspects of the injury and its consequences for the appeals process. We can seek to identify the relevant and necessary evidence in your particular case during your free consultation.

Important Points on Reporting Your Injury To Your Employer in Florida

Reporting a workplace injury to an employer in Florida is a critical step in the workers’ compensation process. Injured workers must understand how their claim may affect their job and employer, as well as how their employer can influence the claim outcome. Factors such as company policy, potential product liability issues, and the need for chiropractic care can all play a role in the complex interplay between employee rights and employer responsibilities.

As legal advice may be necessary to help you navigate these waters, consult with a workers’ comp claims attorney if you have suffered a work injury. Our law firm can guide you through potential trials and protect your rights throughout the workers’ comp claims process. Furthermore, in reviewing the facts of your case we may determine whether a separate third-party personal injury claim may be another path to pursue damages following your work accident.

How Does a Workers’ Comp Claim Affect My Employer or My Job?

Workers’ comp claims in South Florida can impact both employers and employees, often causing stress for all parties involved. While employers may face increased insurance premiums and potential premises liability concerns, employees might worry about job security or the possibility of being awarded a lump sum settlement. Our office helps workers understand their unique cases, their options, their interests, their rights, and the potential consequences of filing a claim.

How Can My Employer Affect My Claim or My Employment if I Make a Claim?

Employers in Fort Lauderdale can significantly impact workers’ compensation claims and employment status. An employer may influence the claim process by providing accurate incident reports, cooperating with insurance investigations, or offering modified work duties. However, some employers might attempt to discourage claims or retaliate against employees who file them. In such cases, a skilled lawyer in Fort Lauderdale can serve as an advocate, using their legal skills as a powerful tool to protect workers’ rights and pursue fair treatment. Additionally, employers may affect the availability of disability insurance or other benefits during the claims process. It is wise to coordinate closely with an experienced occupational injury attorney to protect your interests.

Employer Actions	Potential Impact on Claims
Provide accurate incident reports	Supports claim validity
Offer modified work duties	May affect benefit calculations
Discourage claim filing	Could lead to underreporting of injuries
Retaliate against claimants	May lead to legal action against employer

What To Expect During the Workers’ Comp Claim Process in Fort Lauderdale, Florida

The workers’ comp claim process in Fort Lauderdale, Florida involves several stages, from initial reporting to potential payment of benefits. Injured workers, whether involved in a motorcycle accident or injured by heavy equipment, must navigate this process carefully to help them seek the compensation they need. An experienced attorney can guide claimants through each step, protecting their rights and advocating for fair treatment.

As the claim progresses, injured workers may encounter various challenges, including medical evaluations, insurance company negotiations, and possible disputes over the extent of their injuries. The process can become particularly complex in cases involving severe injuries or when the insurance carrier contests the claim. During this time, regular communication with one’s attorney becomes crucial for addressing any issues that arise and for maintaining a strong case.

Throughout the workers’ comp claim process, claimants should expect:

Stage	Description
Initial Reporting	Notifying employer and seeking medical attention
Claim Filing	Submitting necessary paperwork to insurance carrier
Medical Evaluations	Undergoing examinations by approved healthcare providers
Benefit Determination	Insurance carrier decides on claim acceptance or denial
Appeals (if necessary)	Contesting denied claims or insufficient benefits
Settlement Negotiations	Discussing potential lump-sum payments or ongoing benefits

Our Experienced Fort Lauderdale Workers’ Compensation Lawyers Know How To Help Protect Your Workers’ Comp Claim

Our experienced workers’ compensation attorneys at the Law Offices of David M. Benenfeld, P.A. in Fort Lauderdale, Florida play a crucial role in protecting injured workers’ claims. Our team possesses in-depth knowledge of Florida workers’ compensation laws and can navigate the complex legal system on behalf of clients who depend on workers’ comp benefits to recover and move forward in their lives. We are dedicated to helping injured workers in the Fort Lauderdale area seek proper medical care and fair reimbursement for their injuries.

We take care to guide injured workers to avoid common pitfalls that could jeopardize their claims. We help throughout the workers’ comp process, assisting in gathering and presenting compelling evidence, negotiating with insurance companies, and representing clients in hearings or appeals if necessary. We help injured workers understand their rights and options, seeking to make sure they make informed decisions at every step.

We make our guidance accessible to injured workers who may not have money set aside to pay an attorney by working on a contingency fee basis. That means we are only paid if we win compensation for you, so our interests are aligned with yours. Through our commitment to advocating for our clients’ rights, we help injured workers in the Fort Lauderdale area seek maximum compensation throughout their cases:

• Evaluating the strength of the workers’ compensation claim during a free consultation
• Gathering and organizing medical evidence to support the claim
• Negotiating with insurance companies for fair settlements
• Representing clients in hearings and appeals if necessary
• Advising on additional benefits, such as Social Security Disability
• Protecting clients from employer retaliation or discrimination

Let us guide you to seek the compensation you need.

Schedule a Free Consultation with the Law Offices of David M. Benenfeld, P.A. To Strategize Your Workers’ Comp Claim in Fort Lauderdale, Florida

The Law Offices of David M. Benenfeld, P.A. offers free consultations to injured workers in Fort Lauderdale, Florida, who need guidance with their workers’ comp claims. We guide clients through the entire process, from initial claim filing to potential appeals, ensuring their rights are protected every step of the way. At our firm, injured workers can expect comprehensive support and dedicated advocacy throughout their case.

During your consultation, we’ll conduct a thorough review of your case and a strategic plan tailored to your specific situation. The legal team at Law Offices of David M. Benenfeld, P.A. will assess the strengths and potential challenges in your unique workers’ comp claim.

Schedule a free consultation with the Law Offices of David Benenfeld, P.A. by calling (954) 677-0155(954) 677-0155 or filling out our online form. We are dedicated to helping injured workers in Fort Lauderdale pursue medical care and wage benefits from the Florida workers’ compensation system. We have offices in Sunrise, Fort Lauderdale, and West Palm Beach.

If You’ve Been Hurt – We Can Help!