Most people will make it through their entire career without suffering a workplace injury. For those workers who are injured on the job, the process can be extremely frustrating. That’s why we suggest you meet with a Tampa workers comp lawyer sooner rather than later.
Here, we’ll discuss some of the signs your employer looks for when considering whether to approve your claim.
Most Workers Compensation Claims Are Approved
For the most part, when an employee gets injured on the job, their workers’ compensation claim is approved. There are certain cases, however, where an employer doesn’t believe their employee’s claim is valid.
Once you report your workplace accident, your employer has to report it to their insurance carrier. However, they will have the opportunity to investigate your claim. There are certain red flags that cause them to doubt the validity of your claim.
It’s important that you are aware of these things. If you suspect that your employer is looking for ways to deny your claim, contact a worker’s comp attorney in Tampa right away. The insurance company will be less likely to take advantage of you if you have a lawyer.
Did Anybody Witness Your Workplace Accident?
One of the first things your employer will ask is whether anybody saw you get hurt. They’ll want the name of any coworkers or managers who witnessed your workplace accident.
If nobody physically saw you get hurt, your employer will check to see if it was caught on videotape. If there is no record of your accident, there’s a chance your workers’ compensation claim will be denied.
How Long Have You Worked for the Company?
Our Tampa workers comp lawyers always tell our clients that there’s no guarantee that their claim will be approved. Just because you’ve worked for the company for years, that doesn’t mean your employer will approve your claim.
For those employees who have only worked for a few weeks or months, it’s only natural that your employer will be suspicious. They may think that you purposely took a job there so you could fake an injury and collect benefits.
Were You on Probation at the Time of Your Accident?
One of the major red flags when it comes to workers compensation is when an employee is on probation. If you received a final warning for attendance or performance, it makes sense that your employer would be suspicious of your claim.
When an employee is afraid they’re about to be fired, they may become desperate. If they go out on workers compensation, they figure they’ll receive weekly benefits while they look for a new job.
Do You Have a History of Filing Workers Compensation Claims?
Some people have a history of filing workers compensation claims. Your employer’s insurance carrier can check to see what your history is. If they see that you’ve already filed for workers compensation three or four times in the past, they will likely deny your claim.
Our Tampa workers comp lawyers have handled plenty of cases where our client has a history of workplace accidents. While we agree it is a reason to be suspicious, it doesn’t automatically discredit an employee who says they got hurt on the job.
Did You Wait a Long Time Before You Reported Your Injuries?
In Florida, you technically have thirty (30) days to report your workplace injury. However, our workers comp attorneys in Tampa always recommend that you report your injury right away. The longer you wait to seek medical treatment, the harder it will be to make a full recovery.
We understand that there are times when you can justify waiting a few days or even weeks to report your accident. For example, you may not realize how serious your injuries were at first. It may take some time for you to realize that you’ve injured your back or tore your ACL.
From your employer’s perspective, the only reason someone would wait to report their workplace accident is if they’re hiding something. For example, they may assume that you wanted to give drugs time to get out of your system. Sadly, many employers have been burned in the past, so they are extra cautious now.
If Your Claim is Denied, You Will Want to Meet with a Workers Comp Attorney in Tampa
If your workers’ compensation claim is denied for any reason, you have options. You should meet with an experienced worker’s comp attorney in Tampa right away. They can review your claim and find out why it was denied.
If they feel that your claim has merit, they can help you file an appeal. If your appeal is denied, you can still contact the Florida Division of Workers Compensation and ask them to review the matter.
Make Sure You’re Honest with Your Tampa Workers Comp Lawyer
One mistake you don’t want to make is not telling your attorney the truth. In order to help you, your Tampa workers comp lawyer needs to know what really happened. If you had a pre-existing condition, let your attorney know. If you were taking a prescribed medication at the time of your accident, tell them.
You Should Speak With a Tampa Workers Comp Lawyer Right Away
If you have a feeling your employer is going to deny your workers compensation claim, you should talk to a lawyer right away. Our Florida workers comp lawyers have seen too many employees get denied benefits and do nothing about it.
Just because your employer suspects that your claim isn’t valid doesn’t mean that you aren’t entitled to benefits. Your workers comp attorney in Tampa may be able to demonstrate that your claim is valid.
We recommend that you contact our office as soon as possible after your workplace accident. Once the insurance company learns that you’ve hired a Tampa workers comp lawyer, they’ll think twice about trying to take advantage of you.
We offer all new clients a free, initial consultation. So call or contact us through our website today!