If you suffered injuries during a workplace accident in Clermont, the workers’ compensation system could provide you with benefits to help make ends meet. These benefits could cover your medical expenses and replace your lost income while you heal from your injuries.
Unfortunately, seeking benefits for a workplace injury will not always go smoothly. It is not unusual for insurance companies to deny workers’ compensation claims. A workplace injury lawyer with our firm could help you pursue a workers’ compensation claim after suffering an injury at work. We can also help you file an appeal after you receive a denial of benefits.
Benefits Available Following a Workplace Accident in Clermont
Workers’ compensation benefits come in different forms. For many injured workers, the most important benefits cover necessary medical treatment. A successful claim will cover the cost of medical care after a workplace accident up to a certain amount.
In addition to medical expenses, workers’ compensation can pay disability benefits. Disability benefits provide an injured worker with wage replacement, up to a certain amount, while they are unable to work.
To consult with an experienced workplace injury lawyer serving Clermont, call 855-686-6752
Issues that May Lead to a Denial of Benefits
Insurance companies have strict policies for pursuing workers’ compensation benefits. Denied claims may simply result from a preventable mistake.
A workplace injury lawyer with our firm could help you evaluate the reason your claim was denied and assist you in attempting to appeal your case.
Be aware that the appeals process also comes with its own deadlines and requirements. The sooner you get to work on your claim or appeal, the better. Below are a few examples of why workers’ compensation claims may be denied:
If you were intoxicated while on the job, you are unlikely to recover benefits if you injured yourself. There are other exceptions, including horseplay. Benefits are not available for injuries that occur due to roughhousing at work, as these injuries are not considered work-related.
A pre-existing condition will not prohibit you from seeking benefits through a workers’ compensation claim. However, these injuries can complicate the claims process. Remember, you can only recover compensation for a work-related injury.
On the other hand, you could be entitled to a workers’ compensation claim if a workplace injury worsens a pre-existing condition. What is difficult about these claims is establishing that a condition you have already sustained has been made measurably worse.
Despite these challenges, recovering benefits for aggravating a pre-existing condition is possible.
If you miss a deadline during the workers’ compensation process, you may receive a denial from your insurance company. These important deadlines can sneak up on you, making it vital that you avoid any delay.
The first deadline that will approach involves reporting your injury to your employer. You have 30 days to let your employer or supervisor know the injury occurred.
Often, an employer will already be aware of an accident, but you should never assume that your employer has been notified of your injury. Given what is at stake, you should not only notify an employer immediately but also do so in writing.
Lack of Medical Evidence
You may see your workers’ compensation claim denied if there is insufficient evidence of your injury. Some medical conditions are more obvious than others. While there is little question if you are suffering from a broken bone or severe burn, other injuries can be more difficult to detect. Examples could include traumatic brain injuries, whiplash, or nerve damage.
This defense can be potent against injured workers that do not adequately document their medical injuries. Sometimes, the lack of documentation can occur because of poor record-keeping by a medical professional.
More often, it results from an injured worker that does not immediately seek medical treatment or fails to follow the directions of their doctor. An attorney from our Clermont office could help you build a case following a workplace injury by ensuring your injuries are well-documented.
Clermont Workplace Injury Lawyer Near Me 855-686-6752
Filing a Lawsuit after a Workplace Injury
It is important to understand that the primary tradeoff with access to workers’ compensation benefits is that you lose the ability to file a civil lawsuit against your employer in most cases. This extends not only to your employer but to your coworkers, as well. While most claims are barred, there are some limited situations where you could file a lawsuit following a workplace injury.
For starters, there are employers that are not required to carry workers’ compensation insurance. There are also employers that fail to keep up payments for their insurance policy. In these situations, you may have the right to file a lawsuit following a workplace accident.
Even if you cannot sue your employer, there might be other individuals that could face liability for a workplace accident. These people could include customers or third parties simply driving near your workplace.
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Our Team Is Ready to Help
Workplace injuries can have a devastating effect on your life and your livelihood. Without compensation, you could be facing steep medical bills without the ability to earn an income.
A successful workers’ compensation claim could provide the benefits you need. To get started with your claim, call Bogin, Munns & Munns at (352) 243-8981 to learn more about working with a Clermont workplace injury lawyer. The first consultation is free, and we do not charge you a dime unless and until you are awarded compensation.