Archive for the ‘Workers’ Compensation’ Category

Can My Legitimate Florida Workers’ Comp Claim Be Denied?

Monday, March 7th, 2022

At MLG Injury, our Florida workers’ compensation attorneys know that getting hurt on the job can change our clients’ lives.

Fortunately, workers’ compensation insurance is required for all Florida businesses with four or more employees, unless the business is in the construction industry. Construction businesses must have coverage for every employee.

When employees are hurt at work, workers’ comp provides medical coverage and supplemental financial support for lost wages until they are permitted to go back to work at their previous capacity or have reached maximum medical improvement.

While Florida workers’ compensation laws and benefits are clearly outlined, the insurance companies may still deny your claim.

If your claim has been denied, our skilled Florida workers’ compensation lawyers can help you file an appeal, so you can pursue the benefits to which you are entitled.

What are the Most Common Reasons Florida Workers’ Compensation Claims are Denied?

Since workers’ compensation claims are paid by the employer’s insurance coverage, it is common for the insurance company to review all claims before approving benefit payments.

Unfortunately, insurance companies review all workers’ compensation claims with scrutiny, searching for ways to minimize their exposure and avoid paying the full benefits the employee may be entitled to.

The most common reasons for Florida workers’ compensation claim denials may include:

  • Incomplete application
  • Missed filing deadline
  • The employer disputes the claim
  • The injury did not happen at work
  • Discrepancies between the documented injuries and accident report
  • The injured person did not pursue medical treatment
  • The medical provider was not on the certified list of providers
  • The injury is not severe enough to require the payment of benefits

If the insurance company denied your workers’ compensation claim, you will have received one or more correspondence that lists the reason(s) why.

In some cases, the denial may be based on an easy-to-fix clerical error. In other cases, the insurance company may provide a confusing response, leaving the injured worker unsure of how to proceed.

We can help.

How Can MLG Injury Help After My Florida Workers’ Compensation Claim Has Been Denied?

A denied workers’ compensation claim can deal a significant blow to any injured worker’s ability to get the medical care and compensation benefits they need to get their lives back on track — and get back to work.

Our Florida personal injury attorneys can pursue the best legal action for your claim by negotiating directly with the insurance company to resolve all issues that led to the denial.

If a remedy cannot be accomplished by working directly with the insurance company, our skilled attorneys will file a formal appeal or file a proceeding with a direct appeal with the Florida Division of Workers’ Compensation.

We will present the necessary evidence regarding the injury, how it occurred at work and all the ways it has affected your daily activities – and ability to work – to the Office of the Judges of Compensation Claims.

If you have been hurt at work and have had your initial Florida workers’ compensation claim denied, we can help you build a compelling case for an appeal, so you can obtain the benefits you need to fully recover.

Contact Our Experienced Workers’ Compensation Attorneys in Florida for a Free Consultation Today

Contact our experienced Florida workers’ compensation attorneys at MLG Injury to schedule a free consultation today by calling 888-904-2524 to learn how we can help you pursue the medical and financial benefits you are entitled to, so you can get the help you need to get back to work.

Can My Florida Workers’ Compensation Claim Be Denied?

Monday, February 7th, 2022

At MLG Injury, our Florida workers’ compensation attorneys know our state’s laws require most employers to purchase workers’ compensation coverage.

Under a Florida employer’s workers’ compensation coverage, employees are compensated for occupational injuries, regardless of fault.

The problem is, just because your employer has workers’ compensation coverage does not mean the insurance company will write a blank check for your injuries.

When your claim has been denied, our skilled workers’ compensation lawyers can help you pursue a legal remedy that may allow you to get the medical care and any potential compensation you are eligible for to fully heal.

Why Would An Insurance Company Deny My Florida Workers’ Compensation Claim?

Our Florida workers’ compensation attorneys explain to each of our clients that the number one reason insurance companies deny claims is because they simply do not want to part with their corporation’s money.

According to NCCI’s State of the Line analysis, workers’ compensation insurance premiums for both state funds and private carriers totaled $42 billion last year.

Insurance companies have a single goal, which is to keep as much of that revenue as possible.

That often leads to workers’ compensation denials based on:

  • Employers refuse to admit that the employee’s injury occurred during a work-related activity.
  • Insurance companies dispute the injured person’s story, claiming he or she is simply not hurt.
  • Workers’ compensation laws reference that the employee’s injury does not comply with the obligation to show he or she was injured by an accident, by a specific traumatic incident, or an occupational disease.

Often the workers’ compensation denial will come in the form of a confusing correspondence that further interferes with the injured worker’s ability to get the benefits he or she is entitled to for their damages. We can help outline your legal rights and options to hold the insurance company responsible for their coverage obligations.

What Can I Do After My Florida Workers’ Compensation Claim Has Been Denied?

Getting hurt at work is difficult enough, and your injuries may only be compounded when the insurance company denies your claim, you are going to need someone to fight for your rights to obtain the benefits to which you are entitled.

There are several ways our Florida workers’ compensation attorneys can pursue the best legal action for your claim.

That may include negotiating directly with the insurance company before filing a formal appeal or filing a proceeding with a direct appeal with the Florida Division of Workers’ Compensation.

After filing a petition with the clerk of court in the Office of the Judges of Compensation Claims, we will present the necessary evidence to show how the injury occurred at work and how it has affected your daily activities and ability to work.

Contact Our Experienced Workers’ Compensation Lawyers in Florida for a Free Consultation Today

Contact our experienced Florida personal injury attorneys at MLG Injury to schedule a free consultation today by calling 888-904-2524 to learn how we can help you pursue your employer’s insurance coverage for your complete medical and financial recovery.

How Are Workers’ Compensation Benefits Paid in Florida?

Monday, December 13th, 2021

At MLG Injury, our Florida workers’ compensation attorneys know that each workplace injury or illness, and the resulting claim, is unique.

While workers’ compensation coverage is paid by Florida employers at no cost to the employees, it is the employee’s responsibility to report a work-related accident as soon as it happens and to seek medical care immediately.

When pursuing worker’s compensation benefits, one person’s needs will differ from another’s, based on the type of injury, the length of their recovery, and whether any permanent damage occurred.

Here is what Florida employees need to know about filing a workers’ compensation claim and how it is paid.

What Does Florida Workers’ Compensation Cover?

Florida’s workers’ compensation laws allow employees to seek benefits after accidental injuries and diseases arising out of the course of their employment.

Whether it is a slip and fall injury that happened at work or long-term exposure that led to an illness, the employer’s workers’ compensation coverage may entitle the employee to medical treatment and wage replacement benefits, based on their unique circumstances.

First, workers’ compensation provides access to medical care since the injury or illness is the cornerstone of the claim.

In Florida, workers compensation medical benefits include:

  • Doctor visits
  • Physical therapy
  • Hospitalization
  • Medical tests
  • Prescription drugs

Depending on the extent of the injury, the worker may need to work in a restricted role, including one that does not aggravate the injury, or fewer hours to accommodate treatment.

Some workers may not be able to return to work for an extended period, or at all.

In each of these cases, wage replacement benefits may be available through workers’ compensation.

What Types of Wage Replacement Benefits are Available Through Workers’ Compensation in Florida?

When an employee makes less in a restricted role at work, or the inability to work at all, workers’ compensation wage replacement benefits equal two-thirds of their regular weekly wage before the injury.

Workers’ compensation wage replacement benefits may be paid at various levels, including:

  • Temporary Partial Disability Benefits: Provided when the employee is released to return to work with restrictions.
  • Temporary Total Disability Benefits: Provided when an injury or illness temporarily prevents the employee from returning to work.
  • Permanent Impairment Benefits: Provided when an injury or illness causes physical, psychological, or functional loss permanently.
  • Permanent Total Benefits: Provided when an injury causes permanent and total disability.

Workers’ compensation benefits for lost wages start on the eighth day that the injured employee is unable to work and is paid bi-weekly thereafter.

If you have been injured at work and are receiving resistance from the insurance company, contact our experienced workers’ compensation attorneys in Florida today to help pursue your claim, so you can access the medical and financial benefits you deserve.

Contact Our Skilled Workers’ Compensation Lawyers in Florida for a Free Consultation

To determine the full extent of your injuries and pursue the workers’ compensation benefits you are entitled to for your work injuries, contact our experienced Florida personal injury lawyers at MLG Injury to schedule a free consultation today by calling 888-904-2524.

Can I Get Fired for Filing a Workers’ Compensation Claim in Florida?

Monday, December 6th, 2021

All Florida businesses with four or more employees and all Florida construction businesses with even one employee are required to have workers’ compensation insurance that provides benefits for employees who get injured at or because of their work.

At MLG Injury, our Florida workers’ compensation attorneys know that legally, employees cannot be fired for reporting an injury or filing a workers’ compensation claim.

This is called retaliatory termination, and it is illegal.

However, just because it is illegal does not mean that it does not happen.

There are too many cases involving workers getting fired within months of getting injured and filing a workers’ compensation claim.

Often, these terminations are presented as business strategies designed to downsize or make budget cuts.

In reality, they are often retaliation for the claim itself.

What is Workers’ Compensation Retaliation?

A negative action taken by an employer toward an employee for reporting an injury and/or filing a claim for benefits during their recovery is considered workers’ compensation retaliation.

If you believe that your employer fired you for getting hurt and filing a workers’ compensation claim, you may be eligible to file a case against them, but you will have to prove the action was retaliation and illegal.

How Can I Prove I Was Fired in Retaliation for Filing a Workers’ Comp Claim in Florida?

When an employee believes he or she was demoted or fired in retaliation for filing a workers’ compensation claim in Florida, they must be able to prove that was true.

That includes proving a negative employment action occurred. Often, retaliation occurs in many ways, which could include harassment, demotion, or forcing the employee to do menial jobs, instead of immediate termination.

Then we must establish a connection between the retaliation and filing the workers’ compensation claim and your termination of employment.

More to the legal point, the employee must establish that the employer was aware of the workers’ compensation claim and that they ended their employment because of it.

Keep in mind, the employer will build their side of the case to avoid being penalized for unlawful behavior, which may include citing the reasons for termination as inferior performance or poor attendance or as a legitimate attempt to downsize or cut costs.

Partnering with a skilled Florida workers’ compensation attorney can help uncover the chain of events that strengthen your case to pursue success inside and outside the courtroom.

Contact Our Experienced Workers’ Compensation Attorneys in Florida for a Free Consultation Today

To understand the burden of proof necessary to hold your employer accountable for workers’ compensation retaliation, contact our experienced Personal injury attorneys Florida at MLG Injury to schedule a free consultation today by calling 888-904-2524.

Common Workplace Injuries That Can Result in Workers’ Compensation Claims in Florida

Monday, November 8th, 2021

Workplace Injuries Florida

At MLG Injury, our Florida workers’ compensation attorneys know that under Florida law, our no-fault system means workers are entitled to workers’ compensation benefits regardless of whether negligence caused their workplace injury.

Unfortunately, that does not stop the employer’s workers’ compensation insurance provider from trying to undervalue or deny our clients’ claims, even when their injuries are common occurrences in their respective industries.

Here are some of the most common workplace injuries that lead to workers’ compensation claims throughout the U.S., and how we can help you pursue the benefits you deserve when facing resistance from the insurance company.

Lacerations

Laceration injuries, which can include deep cuts or tears to the skin, can occur in virtually any industry but are common in restaurants, food production, manufacturing, and machine shops, and when severe, can leave employees out of work for extended periods.

Contusions

Contusions result in bruising that occurs after a bump to the body when employees are hit by or against an object or after suffering a fall. While most contusions may not be severe on their own, swelling and severe pain shortly after the collision can signal a more severe injury, including a concussion or internal bleeding.

Strains and Sprains

Strains are stretched or torn muscles and tendons.

Sprains are stretched or torn ligaments.

These injuries can also occur in nearly any industry during slips, trips, and falls, or twisting and pulling motions, including improper lifting or ergonomic movements. Depending on the injured person’s position, strain and/or sprain injuries can require extended medical care, surgery, and rehabilitation and therapy.

Burns

Burn injuries can be caused by heat, steam, radiation, chemicals, and electricity and are common in restaurants, manufacturing, and production industries. Depending on the degree of the burn, and where it occurred, employees can be left facing significant medical care requirements and skin grafting procedures that can leave them out of work for extended periods.

Fractures

Broken and fractured bones are common manual labor and heavy equipment and machine workforces but can happen just about anywhere and to anyone, including retail employees and office personnel after a slip, trip, or fall.

Cumulative or Continuous Trauma

When employees work in positions that require repetitive motions, each day, for years over their careers, the degradation of a body part, joints, muscles or can result and leave their future movements difficult to endure.

Consult With a Skilled Workers’ Compensation Attorney in Florida to Face the Insurance Company With Confidence

Insurance companies are in the business of making money, which is why their first line of defense is to deny workers’ compensation claims or significantly undervalue the employee’s injuries, to try and pay as little money as possible.

With an experienced Florida workers’ compensation attorney by your side, we will present the necessary evidence to strengthen your case while managing all the paperwork, deadlines, and legal requirements to pursue a successful case while you focus on your physical well-being.

Contact Our Skilled Personal Injury Lawyers in Florida for a Free Consultation Today

To determine the full extent of your injuries and pursue the workers’ compensation benefits you are entitled to for your work injuries, contact our experienced Florida personal injury lawyers at MLG Injury to schedule a free consultation today by calling 888-904-2524.

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