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Can My Workers’ Compensation Claim Be Denied?

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Denied Workers’ Compensation Claims In Florida?

Being injured on the job is frightening enough experience on its own without worrying about how you will pay for your medical bills and replace your income. Florida workers’ compensation is designed to do exactly this, but not everyone is approved for it — even those who have legitimate injuries caused by their jobs.

Here’s why your workers’ compensation claim may have been denied and what your next step should be:

  • You Tested Positive for Drugs or Alcohol

Drug Testing

Typically after a work-related injury, you will be asked to take a drug test immediately if you are able to. If you are unconscious and in the hospital, the staff may draw blood to test for drugs or alcohol. If you tested positive, this may result in the automatic denial of your workers’ compensation case. 

  • You Waited too Long to Report Your Injury

Statute Of Limitations

In Florida, you have 30 days to report a work injury to your employer. If you report your injury after this time frame, your claim may be denied. A personal injury lawyer will advise you not to wait for 30 days. Even if you are still within the 30-day window, the longer you wait, the more ammunition you give the other side to argue against you that your injury was not serious.

  • You Have Previous Medical Records That Show You Were Treated for a Similar Injury in the Past

Pre-Existing Conditions

As part of investigating your claim, the workers’ compensation board will review past medical records to see if you’ve been treated before for any injuries or pain in the area you are claiming was injured.

If you injured your shoulder at work, for example, but had visited the doctor a year prior to complaining of shoulder pain, your claim may be denied on the basis that your injury didn’t actually happen at work and it was a preexisting condition.  

When to Contact a Florida Workers’ Compensation Lawyer

If you’ve been injured on the job, it’s always in your best interest to reach out to an experienced workers’ compensation attorney right away.

Florida has strict laws as to how much time you have to report your injury and file a claim for benefits, so the sooner the better. If your claim was denied, having an attorney on your side becomes even more important as you fight for your rights to benefits. 

 

 

By : admin | April 15, 2020 | Workers Compensation
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