FAQ: Workers’ Comp Claim Questions
1. Why was my workers’ comp claim denied?
Reasons for denial include lack of documentation, dispute over whether the injury was work related or pre-existing conditions. An attorney can help you address those issues and appeal the denial.
2. Can I appeal a denied workers’ comp claim?
Yes, in Florida you can appeal a denied workers’ comp claim. An attorney can help you gather the evidence and file the appeal to challenge the denial.
3. What benefits are available under workers’ comp?
Workers’ comp benefits cover medical expenses, temporary and permanent disability benefits and sometimes vocational rehabilitation for workers who can’t return to their previous job.
4. How long do I have to file a workers’ comp claim?
In Florida you have 2 years from the date of injury to file a workers’ comp claim. But notify your employer as soon as possible (within 30 days) to avoid delays.
5. What if my employer fires me for filing a claim?
Filing a workers’ comp claim is illegal. If you’re retaliated against, an attorney can help you file a complaint and take legal action to protect you.
6. Can I see my own doctor?
In most cases you must see a doctor on your employer’s workers’ comp insurance panel. In emergencies you can see anyone, but you may need to switch to an approved provider for ongoing care.
7. Will workers’ comp pay all of my lost wages?
Workers’ comp typically pays a portion (usually two-thirds) of your lost wages. For serious or permanent injuries more benefits may be available.
8. Can I sue my employer if I’m receiving workers’ comp benefits?
In general you can’t sue your employer for workplace injuries if you’re receiving workers’ comp benefits. But if a third party (like an equipment manufacturer) contributed to your injury you may have a separate claim against that party.
9. How long does it take to settle a workers’ comp case?
Timeframe varies depending on the case and if an appeal is necessary. Simple cases can take a few months, complex cases can take over a year.
10. Do I need an attorney for a workers’ comp claim?
Not required but hiring an attorney can increase your chances of a successful claim especially if your claim is denied, delayed or has complex legal issues.
Workers’ Comp Claim Issues
Workers’ comp claims have many challenges. Insurance companies will try to:
- Not pay full benefits
- Delay the claim process
- Deny claims based on minor technicalities
- Inadequate Permanent Disability Benefits: Workers with permanent disabilities may find standard workers’ comp benefits don’t cover all their needs. Additional legal action may be necessary to get fair compensation.
- Medical Treatment Disputes: Employers or insurers may deny treatment, saying it’s not necessary or related to the injury. An attorney can help dispute these and get you the medical care you need.
- Delayed Payments: Insurance companies will delay payments which can be financially devastating for injured workers. Attorneys can speed up the process and get you paid faster.
At Keller Swan Workers’ Compensation Attorneys we know these challenges and work to get our clients the benefits they need without delay or dispute.
Why Keller Swan Workers’ Compensation Attorneys?
Keller Swan Workers’ Compensation Attorneys help injured workers get the compensation they need for medical care, lost wages and other expenses. Our team has years of experience, empathy and aggressive representation for every case.
For You
- Thorough Case Review: We look at all aspects of your case from the initial injury to your long term medical needs.
- Tough Negotiators: Our attorneys can negotiate with insurance companies to get you a fair settlement.
- Trial Lawyers: If necessary we can take your case to court to protect your rights.
Get Started: Contact Keller Swan Workers’ Compensation Attorneys Now
If you or a loved one has been injured on the job don’t go through the workers’ comp process alone. Keller Swan Workers’ Compensation Attorneys can help. Contact us today for a free consultation and we’ll review your case to get you started.