Ft Lauderdale Workers’ Comp Lawyers Fight For the Rights of Injured Employees

No one ever wants to believe they will suffer a work-related injury. However, every year, thousands of employees across the state of Florida suffer injuries on the job that leave them unable to work and support themselves and their families. For this reason, workers’ compensation insurance is required in Florida to assist injured workers by paying for their medical expenses and a percentage of their lost wages.

Even though Florida’s workers’ compensation program is a no-fault system, meaning that the employee does not need to show someone else was at fault for their accident, many employers and their insurance companies try to deny injured workers their rightful benefits.

When injured employees cannot return to work and earn a wage, they may face financial hardship and be frightened about what the future may hold.

If you’ve been injured on the job, one of the first steps you must take to protect yourself and your future well-being is to consult with an experienced workers’ comp attorney. The workers’ comp attorneys at RTRLAW in Ft. Lauderdale are passionately committed to assisting injured workers recover the workers’ compensation benefits they need to pay for their medical costs.

If you have questions about workers’ comp, contact RTRLAW in Ft. Lauderdale today for a free, no-obligation case review and request a consultation with one of our qualified attorneys, who can answer your questions and explain your legal options.

Why Would My Workers’ Comp Benefits Be Denied?

Although many employers and workers’ comp insurers may look for reasons to deny claims, certain factors also will cause some claims to be denied. Some of the most common reasons why a workers’ comp claim may be denied are:

• The injured employee did not report the accident on time or did not file the claim on a timely basis.
• There are noticeable discrepancies between the employee’s injuries and the workplace accident report.
• The treating physician was not an authorized workers’ comp medical provider.
• The injury did not arise at work.
• The employer has disputed or denied the claim.
• The injured employee’s need for treatment was due to a preexisting condition.
• The injury occurred due to the employee being under the influence of drugs or alcohol at the time of the accident.

If your workers’ comp claim is denied, you have the legal right to file a claim and have a hearing in front of an administrative judge. During this hearing, you will be permitted to present any further evidence you feel will support your claim. However, the process can be complex and challenging to navigate without the help of a knowledgeable attorney.

A workers’ compensation attorney will gather evidence and provide you with the legal advice you need to support and strengthen your claim.
If your employer or the insurance provider has denied your claim, one of the first steps you must take to protect yourself is to hire an experienced workers’ comp attorney to evaluate your case and find out what legal options may be available.

Can My Employer Fire Me While I Am Out on Workers’ Comp?

Florida is an “at-will” employment state, meaning an employer has the legal right to terminate an employee for any legal reason.

However, if an employee has been injured on the job, Florida employers are not permitted to fire that individual because they filed a claim or because they are receiving workers’ comp benefits. Nevertheless, some employers look for other methods to terminate employees because they have been injured on the job.

Specifically, employers are not legally obligated to hold a job for an employee after they have been injured and are out of the office because of that injury. However, an employer is not legally permitted to retaliate against injured employees with termination. Some of the most common methods employers use to justify termination of an injured employee include:

• Eliminating the employee’s job position;
• Giving the employee a poor performance review;
• Justifying termination because of company budget cuts or financial issues within the company.

If you’ve been terminated after being injured on the job or filing a workers’ comp claim, you need to speak with a knowledgeable workers’ comp attorney who can analyze the facts and circumstances surrounding your case. Proving employer retaliation can be very difficult and requires the help of a well-trained attorney who can examine all the evidence and determine if you can pursue a retaliation claim against your employer.

Is There a Statute of Limitations to File for Workers’ Comp Benefits?

Florida does have a statute of limitations when it comes to an injured employee filing a workers’ comp claim, also known as a Petition for Benefits.

The statute of limitations stipulates the following rules when it comes to filing a claim:

• The Petition for Benefits must be filed within two years of the date the injury occurred or:
• Within one year of the last provision of authorized medical care.

Specific legal exceptions to the statute of limitations define how long an individual has to file a workers’ compensation claim. These exceptions may include:

• The injured employee is a minor.
• The employer gave false or misleading information to the employee regarding their ability or right to file a claim.
• The insurance provider failed to inform or misled the injured employee about their rights, including the time they have to file a claim for benefits.
• The injured employee does not have the mental capacity to understand their right to file a claim or obtain benefits.

Additionally, if the injured employee has had a medical or prosthetic device implanted as a result of their injury, the statute of limitations may not apply to the ongoing care the individual may need in regard to the device.

Even though a two-year time limit allows individuals to file a Petition for Benefits, individuals do not need to wait to file their claim, and in fact, it’s best to file as quickly as possible. Evidence often can disappear and witnesses’ memories may fade over time, so time is of the essence with filing a claim.

How Do I Know if I Need a Workers’ Comp Attorney?

Many injured workers make the mistake of waiting until they are experiencing issues with obtaining their workers’ comp benefits. However, employees may be doing themselves a disservice by waiting to consult with an attorney. One of the first steps an injured employee should take is to hire an experienced workers’ compensation attorney to address their concerns and advise them of their legal rights.

RTRLAW is well acquainted with the deceitful tactics that some employers and insurance providers use to delay or deny benefits to injured workers when they need them most. One of the most significant advantages of having a well-qualified workers’ comp lawyer on your case is they can act as your legal advocate and ensure your rights are not violated. When employers and insurance providers know injured workers have legal representation, they are more willing to negotiate and treat workers fairly.

If you’ve been injured on the job, you owe it to yourself and your family to retain a skilled workers’ compensation attorney who can fight to obtain the benefits you rightfully deserve.

Contact RTRLAW in Ft. Lauderdale by calling 954-370-5152 or our toll-free number 1-833-HIRE-RTR (1-833-447-3787) for a free, no-obligation case review today.