What Information Will My Employer Use When Evaluating My Workers Compensation Claim?

When our Miami workers comp lawyers first meet with a new client, the first thing they need to know is what happened. You need to tell your attorney how you got hurt. While you don’t want to spend your entire free, initial consultation telling them about the accident in detail, you do need to give them an idea of what happened. If you came to see one of our workers compensation attorneys in Miami because your claim was denied, try to bring a copy of the denial letter with you. This way, your attorney knows what they’re up against. This will also help them determine what kind of information they’ll need to overcome the insurance company’s denial.

Your Manager or Human Resources Director Will Look at Any Video Footage Available

One of the first things your manager will do is look at the video footage from around the office. Or, if you work at a manufacturing plant or retail store, they’ll look at whatever video feeds are available. They should be able to narrow down the date and time of the accident based on the information you give to Human Resources. They are going to look to see if your accident was legitimate. If they see anything that looks suspicious, they will deny your claim. At a minimum, they’ll call you to Human Resources to find out what really happened. If your claim is denied, your Miami workers comp lawyer can demand copies of these videos so they have the same information as the insurance adjuster.

There’s a Good Chance Your Employer Will Talk to Your Coworkers

If there were other people around when you got hurt, your supervisor will want to talk to them as well. If there were any actual witnesses to your incident, they should be named in your incident or accident report. They will ask the witnesses what they saw and whether they believed the accident was real or exaggerated. Unless the coworkers have a reason to want to hurt you, there shouldn’t be a problem. If, for some reason, they do make a statement that damages your claim, your workers’ compensation attorney in Miami will demand to speak with this person. They will also try to find other witnesses who can back up your story.

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Your Workers Comp Doctor Will Provide Your Employer with a Report on Your Injuries

We always tell our clients that they need to report their workplace injury as soon as possible. The only way to protect your rights is to see a doctor within hours of your accident. If you wait too long to report your accident, your employer or their workers compensation insurance carrier may deny your claim. They will argue that something happened between the time of your work-related accident and the time you reported your claim. Once the doctor does see you, they’ll provide your employer with a note of what they think your injuries are. They may also give them an idea of how long you’ll be out of work.

The Insurance Adjuster Will Go Through Your Social Media as Well

One thing a lot of workers don’t know is that the insurance company is going to look at your social media pages. They are looking for anything that makes your claim look fraudulent. For example, if they see that someone posted a picture of you from the weekend prior to your workplace accident, showing that you were hurt before you came into work, your claim may be denied. The same is true if there is footage of you goofing around at work before or during your workplace accident. If they believe that your injuries were the result of something that happened on personal time, they aren’t going to pay your workers compensation benefits. If this happens, your Miami workers comp lawyer will have to find a way to combat whatever arguments the insurance company makes.

Your Miami Workers Comp Lawyer Will Also Gather Evidence to Prove Your Case

While your employer and the insurance adjuster will look for evidence to deny your claim, your Miami workers comp lawyer will go to work. They are going to search for any information they can find to support your workers’ compensation claim. The truth is that it doesn’t matter where they look for information, the facts won’t change. Either you were injured on the job, or you weren’t, right? In actuality, while the facts won’t change, the way the facts are interpreted can. The insurance carrier is going to do whatever they can, so they don’t have to pay your claim. Of course, if your claim is minor, then it won’t be worth their time or money to fight it. However, if your claim is a bit larger than most, it may be worth the insurance company’s time to challenge it.

We suggest that you contact our office so you can schedule a time to come in and meet with an experienced workers compensation attorney in Miami.  We offer new clients a free, initial consultation so they have a chance to find out if they stand a chance against their employer. Finding out that the company you work for doesn’t want to pay your workers’ compensation claim can be disappointing. It is also frustrating not knowing how you’re going to pay the medical bills that are piling up. Especially with no income. Our Miami workers comp lawyers will negotiate with the insurance adjuster and try to get your claim paid. At the end of the day, once the insurance company finds out you retained a workers compensation attorney in Miami, they may change their tune. The last thing they want to do is battle it out in court, spending thousands of dollars to fight a claim that will only raise their premiums by a small amount.

We suggest that anyone who gets hurt while on the job take the time to meet with one of our seasoned workers compensation attorneys in Miami. Since the consultation is free, you don’t have anything to lose.