Jacksonville Workers’ Compensation Lawyers Advocate for the Rights of Injured Workers

Workplace accidents can occur unexpectedly, leaving thousands of Florida employees unable to work and provide for themselves or their families each year. That’s why Florida mandates workers’ compensation insurance to cover medical bills and a portion of lost wages for those suffering work-related injuries.

Although Florida’s workers’ compensation program is a no-fault system, it’s not uncommon for employers and their insurance companies to attempt to deny rightful benefits to injured workers. This can lead to financial distress and uncertainty about the future.

If you’ve suffered a work-related injury, it’s crucial to consult with an experienced workers’ comp attorney as soon as possible. At RTRLAW in Jacksonville, our attorneys are devoted to helping injured employees secure the workers’ compensation benefits to which they’re entitled. Contact RTRLAW today for a free, no-obligation case evaluation and consultation with one of our experienced attorneys who can answer your questions and explore your legal possibilities.

Why Might My Workers’ Compensation Benefits Be Rejected?

Although employers and workers’ comp insurers might look for ways to decline claims, there are legitimate reasons that can lead to claim denial. Here are some frequent causes:

• The employee did not report the incident timely.
• There are apparent discrepancies between the employee’s injuries and the workplace accident report.
• The appointed physician wasn’t an authorized workers’ comp medical provider.
• The injury didn’t occur in the workplace.
• The employer has disputed the claim.
• The need for medical treatment was due to a pre-existing condition.
• The injury occurred while the employee was under the influence of drugs or alcohol.

If your claim is denied, you have the right to prosecute your claim and present additional evidence at a hearing before an administrative judge. But this process can be daunting without legal assistance.

A workers’ compensation lawyer from RTRLAW can gather evidence and provide valuable advice to increase the value of your claim. It’s in your best interests to always engage an experienced workers’ comp attorney to evaluate your case and identify available legal avenues.

Can I Be Fired While I Am Receiving Workers’ Comp?

Florida follows an “at-will” employment model, where an employer can legally terminate an employee for any legal reason. However, it’s illegal for Florida employers to fire an employee because they filed a workers’ comp claim or are receiving benefits.

That said, some employers may employ alternative tactics to dismiss employees who have been injured on the job. They are not legally obliged to reserve a job for an employee who’s out of work due to a job-related injury. However, they can’t legally retaliate against employees by terminating them due to injury-related absence. Common tactics employed to justify termination include:

• Abolishing the employee’s job role;
• Conducting an unfavorable performance review;
• Justifying dismissal due to company-wide budget cuts or financial issues.

If you’ve been dismissed after suffering a work-related injury or filing a workers’ comp claim, it’s essential to consult an experienced attorney. Proving employer retaliation can be challenging, and a seasoned attorney can evaluate the evidence and assess whether you can lodge a retaliation claim against your employer.

What Is the Deadline for Filing Workers’ Comp Benefits?

Florida law sets a statute of limitations for filing a workers’ comp claim. The law provides:the Petition for Benefits must be filed within two years of the injury or within one year of the last authorized medical care provision or payment of any indemnity benefit. Legal exceptions to the statute of limitations can extend the time to file a workers’ compensation claim, including:

• The injured employee is a minor.
• The employer provided false or misleading information about the employee’s right to file a claim.
• The insurance provider didn’t inform the injured employee or misled them about their rights.
• The injured employee lacks the mental capacity to comprehend their rights.
• If a medical or prosthetic device was implanted due to the injury, the statute of limitations may not apply to the ongoing care related to the device.

Although there’s a two-year window for filing a Petition for Benefits, it’s advised to file it as soon as possible. Evidence can be lost, and witnesses’ memories can fade over time, so swift action is recommended.

How Can RTRLAW’s Workers’ Compensation Lawyers Help With My Case?

It’s a common mistake for injured employees to wait until they face issues with their workers’ comp benefits before consulting an attorney. However, it’s recommended to hire a workers’ compensation attorney promptly after a work-related injury to understand your legal rights.

At RTRLAW, we’re familiar with the deceptive tactics that some employers and insurance providers employ to delay or deny benefits. Having a seasoned workers’ comp attorney on your side can ensure that your rights are upheld. When employers and insurance providers know that you have legal representation, they’re typically more willing to negotiate fairly.

If you’ve been injured on the job, it’s crucial to enlist the services of a skilled workers’ compensation attorney who can fight for your rightful benefits.

Contact RTRLAW in Jacksonville by calling (904) 549-7661 or toll free at 1-833-HIRE-RTR (1-833-447-3787) for a free, no-obligation case review today.