How to Maximize Your Workers’ Compensation Claim

checklistEmployees getting injured while working is not that uncommon. In 2018 over 6,000 workers were injured while on the clock! Most of these injuries were transportation and slip and fall accidents. If you are injured while working, it is your right to file a workers’ compensation claim to get your recovery paid for.

Get to Know Workers’ Compensation

Workers’ compensation is meant to help protect businesses and the business’s employees when an injury is involved that was work-related. Workers’ compensation can differ from business to business and understanding the available benefits would be very beneficial for you!

Below we have listed the most common workers’ compensation benefits most businesses have.

  1. Temporary Disability: this is paid while you are off work and are still recovering from your injuries.
  2. Permanent Disability: This compensation is for lasting physical impairments caused by the work-related accident.
  3. Medical Treatment: This is the necessary and reasonable medical care for the injuries you sustained from the accident.
  4. Vocational Treatment: This is the job retaining and the help needed to find a job within the company you work for that is within your work restrictions.
  5. Mileage: This is compensation for your travel to and from doctors’ appointments and other workers’ compensation related travel.

How to Get the Most Out of Your Workers’ Compensation Claim

Any work-related accident that leads to damaging injuries and causes you to miss work, demands compensation for your treatment! Always file for a workers’ compensation claim, do not let your employer talk you out of it especially if they are negligent.

Once you are involved in a work-related accident, you want to remember to do these few things in order to provide the best evidence for your workers’ compensation claim.

  • Document the scene of your accident with photos and witness statements! The photos of the situation will help prove negligence on your employer’s part.
  • Seek medical attention immediately! Make sure you choose your own physician when getting looked at for injuries.
  • Your workplace will most likely call for an Independent Medical Examination, or IME for short. This is when your employer sends the workers’ compensation appointed physician to evaluate your injuries.
  • This will almost never work out in your favor! This appointed physician is on the insurance company’s side, not yours.

You Have Been Denied, What do You do?

Yes, it is possible for your workers’ compensation claim to be denied. But do not fear, we have got you covered for how to handle this instance! Claims are normally investigated within 30 days of when they are filed and will be either granted or denied. Upon receiving a denial letter about your workers’ compensation claim, you are able to get it appealed! In order to get the appeal started, you have to file the Petition of Benefits. This will get forwarded to your employer’s workers’ compensation insurance carrier where the ball is now in their court once again.

The insurance company will have to make one of two options:

  • The first option would be that they will agree to pay for your workers’ compensation benefits for you to get treated for your injuries.
  • The second option would be that they file another response justifying why they denied your claim in the first place.

If all else fails, you need to have an experienced workers’ compensation lawyer by your side fighting for you! Mediation is almost always scheduled right after filing for an appeal in order to resolve disputes. During this time, you would be presenting all the evidence and providing testimony to back up your workers’ compensation claim. A workers’ compensation attorney would be able to help you present your case in a strong, clear way so you will be able to get the compensation you deserve for your work-related injuries!

About The Author

Sean Greene

Sean Greene

The Florida BarFlorida Bar Young Lawyers DivisionMillion Dollar Advocates ForumMillion Dollar Advocates ForumBest Workers Compensation Attorneys in MiamiBest Car Accident Lawyers in MiamiLawyers of distinction

Sean J. Greene has recovered more than $150 million in the past 10 years for clients. He specializes within the firm in wrongful death, personal injury, medical malpractice, nursing home malpractice, and product liability cases. Sean has represented coaches and players in the National Football League (NFL) and Major League Baseball (MLB) who have been victims of personal injuries. In 2001, after winning a trial on liability, he recovered $11,200,000 for the family of David Griggs, the former Miami Dolphins player who died in an automobile accident in Broward County, Florida. He has received the highest distinction of an AV® rated attorney by Martindale-Hubbell, which recognizes Sean as possessing “Very High-Preeminent” legal ability with “Very High” ethical standards. Additionally, he is a member of the prestigious Multi-Million Dollar Advocates Forum whose membership is limited to trial lawyers who have achieved a trial verdict or settlement in the amount of $1,000,000 or more. Sean is widely known in South Florida, as he cohosted the TV program “Your Legal Rights” and lectures throughout the state of Florida on various legal issues.