What Happens if You Have a History of Filing Workers Compensation Claims?

When you’ve worked for the same company for a long time, they come to value you. They also come to trust you. So, when a long-term employee gets hurt on the job, their employer has no reason to think they’re lying or exaggerating their injuries. It is a different story entirely when an employee who has only worked for the company for a few months files a workers compensation claim.

One of the first things your employer’s insurance carrier is going to do is check to see if you’ve filed any workers comp claims in the past. When a client comes to meet with one of our workers comp attorneys in Miami, that’s one of the first things we ask them. We need to know if you have a history of filing workers compensation claims.

The last thing we want to happen is for the insurance company to blindside us with this information. If you have filed for workers comp before, there is a good chance your current workers compensation claim will be scrutinized. If that happens, there’s a possibility your claim will be denied. If this happens to you, contact one of our Miami work injury lawyers so you can schedule your free, initial consultation.

Make Sure You Let Your Miami Work Injury Lawyer Know if You’ve Filed a Claim Before

When our workers comp attorneys in Miami meet with a new client for the first time, they typically have a lot of questions. One of the first things they want to know is why their claim was denied. They have a bunch of paperwork they’ve received from their employer and the insurance carrier and have no idea what it means. This makes sense because, if you’re not a Miami work injury lawyer, you have no reason to know the laws in Florida.

Another question our clients ask us is whether they will receive benefits. It can be scary when you see that your claim has been denied because you worry how you’ll pay your medical bills. You’ll also be concerned about having no income for months at a time.

It is only natural that you would be frustrated and more than a little afraid. However, one of the most important questions your workers comp attorney in Miami will ask you is whether you’ve ever filed for workers comp benefits in the past.

When somebody has filed for workers compensation more than once in their career, it tends to raise a red flag. Your employer is going to wonder if you have a pattern of pretending you were hurt on the job just so you can collect benefits. For somebody who has filed workers compensation claims two or three times in the past, it is almost a given that their current claim will be deemed suspicious.

This means the insurance adjuster and your employer will take longer to review your claim than they will another employee’s claim. It also means there’s a good chance your claim will be denied. If that happens, you should probably call to speak with one of our Miami work injury lawyers as soon as possible.

insurers get suspicious if you filed workers' compensation claims in the past

The Insurance Company Can Check to See How Many Times You Have Applied for Workers Comp Benefits in the Past

What a lot of our clients don’t realize is that within minutes, the insurance company can look to see if you have a history of filing workers’ compensation claims. They can also look to see what type of injuries and accidents you have reported in the past.

If any of your prior employers denied your claim because they felt that it was fraudulent, there will be a notation of that as well. Likewise, if the Division of Workers’ Compensation has determined that you did file a fraudulent claim at any time in your life, there will be a record of this.

It may not seem fair to be treated this way. It is possible that somebody who’s worked for a company for less than three months could suffer a serious workplace injury. It is also possible that an employee is so unlucky that this has happened to them several times over the course of their career.

And, while this is technically possible, it is usually not the case. Once the insurance company sees that you have filed several claims in the past, your denial will become nothing more than a formality. If this happens to you, it’s in your best interest to come in and sit down with one of our workers comp attorneys in Miami right away.

You Don’t Want Your Workers Comp Attorney in Miami to Get Blindsided

One of the worst things you can do is either forget to tell your attorney about your past or intentionally withhold this information. They will find out sooner or later. Unfortunately, the later they learn this information, the less they will be able to help you get the benefits you believe you deserve.

What you certainly do not want to let happen is have your workers comp attorney in Miami get blindsided and find out about your history of filing claims from the insurance carrier themselves. Not only will this be frustrating for your Miami work injury lawyer, but it will also make them look foolish and even incompetent to the other side.

It’s a Good Idea to Get a Miami Work Injury Lawyer Involved Right from the Start

As far as our workers comp attorneys in Miami are concerned, anybody who suffers a workplace injury should reach out to a lawyer immediately. While we understand why some people wait to hire an attorney, it is in your best interest to have a Miami work injury lawyer by your side from the very beginning.

This way, if your claim is denied for any reason, including your past history of filing claims, your attorney can help you. They can help you file an appeal and, if need be, help you file a lawsuit against your employer.

We do offer all new clients a free, initial consultation. You should take advantage of this opportunity and increase your chances of receiving workers’ compensation benefits.