Initially, you'll simply file a claim with the employer or through their insurance company. As long as you're injured on the job, they'll generally pay for your medical costs. However, it's not always the case – sometimes an insurance company may work to avoid paying for your injuries – especially if they're significant. This usually involves a variety of tactics including:
- • Delaying a hearing
- • Stating that you're ineligible
- • Offering low settlement amounts
Additionally, the simple fact is that sometimes you need to go beyond the basic settlement awarded by worker's comp. This is especially true when you miss an extended period of time away from work or when your injuries will require many future treatments. Worker's compensation will usually only pay for immediate medical attention, and fighting for additional compensation is difficult.
A good worker's comp lawyer can help, however. After an initial consultation they can help determine whether or not you have the grounds to seek financial restitution or identify whether or not an insurance company is improperly preventing you from compensation.
The key to a worker's compensation claim of this nature usually comes down to the same thing that any other personal injury case will – proving fault. Accidents happen, and in general worker's comp is intended to pay for the costs of injuries that occur in the average accident. But if certain circumstances exist you could be able to pursue additional restitution.
The goal of an attorney in worker's comp cases will depend upon the factors below.
- • If worker's compensation is being denied, they will work to show that the injured party deserves compensation. Filing an appeal after a denial will be the first step, and in some cases your attorney may have to go all the way to a trial to get you what's owed.
- • If an accident was caused by the negligence of an employer, additional compensation could be owed as well. In these cases the attorney will identify negligence and recklessness and then take steps to help get you what you're owed.
It's important to note that often, just the presence of an attorney is enough to get results. Many insurance companies and employers will use strong-arm tactics and legal loopholes to try to avoid paying out those who are filing claims. But when they see that you have a lawyer working on your side, they quickly begin to backtrack on those efforts. The reason is simple – they know that with an attorney on your side, you stand a much better chance of getting a large settlement if the case actually does go to trial.
Simply put, if you've been denied a worker's compensation claim in Florida or feel that you may be owed more than you've been offered, talking to an attorney is a good idea. Contact us today to set up an initial consultation with no risk to you and find out more about how we may be able to help. Recovering from your injuries – physically and financially – could depend on it.