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Common Workers’ Comp Denials and How to Fight Them

If you’ve suffered a workplace injury, whether you slipped and fell due to a co-worker’s negligence, or you were hurt due to your employer failing to make your construction site safe, you already have enough to worry about. You’re in a lot of pain, and you’re frustrated because you can’t get back on the job. The last thing you should have to deal with is an insurance company that makes it difficult for you to obtain your rightful workers’ compensation.

Unfortunately, that’s the case for far too many people across the state of Florida on a regular basis. If you find yourself in this position, get in touch with the workers’ compensation lawyers with Keller, Melchiorre & Walsh as soon as you can. We know the tricks insurers try to play when it comes to denying claims, and we know how to defeat them. Contact us online or call (561) 295-5825 for a free consultation.

Common Workers Comp Denials and How to Fight Them - KMW Legal - Keller Melchiorre Walsh West Palm Beach Tampa Boca Raton Jupiter Florida Personal Injury Attorneys

Here are just a few examples of how the insurance company handling your claim may try to make it hard to get the money you deserve. You’ll also learn how a skilled legal representative may be able to help.

The Insurance Company Claims Florida’s Workers’ Comp Program Doesn’t Cover Your Injury

You might have suffered an injury while you were driving a company car to make a delivery, or to go from one jobsite or the other. Even though you were on company time, as hard as it might be to believe, your employer’s insurer might still refuse to pay your claim.

They may try to make an argument that your injury is what’s known as “non-compensable.” This simply means the insurer is claiming that the injury you suffered doesn’t meet Florida’s worker’s comp coverage requirements. There’s a chance the insurer’s argument could be valid – but don’t just take their word for it. Hire an experienced attorney so that you know all of your options. There are a lot of gray areas when it comes to this type of argument. Insurance companies regularly abuse it in an effort to deny injured workers what they deserve.

When you work with an attorney, you’ll have a much better idea of what Florida workers’ comp law says about your injury. You’ll also learn that you could have several avenues of pursuing compensation you might not have previously realized.

The Insurance Company Claims You Have a Pre-Existing Injury

This is another tried and true – almost predictable – argument that a worker’s comp insurer will make. They’ll try to avoid responsibility by claiming your injury actually wasn’t due to a workplace accident at all. The reason you’re hurt is due to a pre-existing condition.

Insurance companies are in business, of course, to make the maximum amount of profit possible. That means they’re oftentimes not above resorting to some pretty shady tactics in an effort to deny workers’ compensation claims. It’s very easy for them to say that the reason you’re in so much pain is due to some sort of illness or injury you suffered a long time ago. This is not only a very stressful situation for a worker, it’s also insulting.

At Keller, Melchiorre & Walsh, however, we’re very familiar with this strategy – and we know how to defeat it. We can show that any previous injury you may have experienced has absolutely no bearing on what you’re going through after your workplace accident. We have a deep understanding of Florida’s workers’ comp laws. And we can prove that whatever pre-existing condition you may have doesn’t have anything to do with your current injury.

The Insurer Says You Don’t Have the Right Medical Documentation

Here’s yet another example of an insurance company’s dirty trick. It might say that you don’t have enough documentation to support your workers’ comp claim – even though you’re completely convinced you supplied all of the necessary paperwork.

Of course, the insurer has a complete right to look at not only all documentation that relates to the medical treatment you need, as well as your total medical history. You signed a lot of paperwork, and those forms were sent to the insurer – but they might say otherwise.

It’s actually incredibly rare that an insurance company won’t receive all the documentation it needs. But if that’s what’s happening in your case, contact an attorney. Your legal representative will work to make sure that the company did receive everything. If something does happen to be missing, your attorney will help you gather and send whatever documents the insurer doesn’t have.

How a Workers’ Compensation Attorney May Be Able to Help

If you’ve suffered an on-the-job accident, you deserve the protection offered by the workers’ compensation program. If you have to file an appeal due to a denial, we’ll be more than happy to help. Here are just a few ways we’ll do just that.

  • Our attorneys will re-submit your benefits petition, and make sure every single bit of paperwork is included. We’ll make sure your injury and accident are clearly spelled out. Then we’ll support your claim by showing the lost wages you’ll incur. Finally, we’ll provide all necessary details regarding the benefits you should have coming your way.
  • There’s a chance that you’ll have to be part of a mediation hearing in order to have your claim approved. This is nothing more than a conversation between you, your attorney, and the insurer. A third-party mediator will also be present in order to make sure any issues are properly addressed.
  • In some cases, a workers’ comp claim will have to go to trial. If that should happen with your claim, your attorney will be ready to fight for your rights. They will present solid evidence, and provide whatever other information is needed to make your case as strong as possible.

Talk to a Keller, Melchiorre & Walsh Attorney if You’ve Been Hurt on the Job

The attorneys with Keller, Melchiorre & Walsh can help if your workers’ compensation claim has hit any unexpected roadblocks. We get results for our clients, and we’ll do everything we can to do the same for you. Schedule a free case review by using our online form or calling (561) 295-5825.

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