Injured workers in Florida-ACT NOW DO NOT DELAY. The main reason for claim denial is failure to report the accident. An accident occurs and you go home and think about whether or not you want to tell your supervisor about the injuries and need for treatment. You delay one day. One day turns into 2 months. After two months your neck is in excruciating pain. The Florida Workers’ Compensation carrier denies the claim for late reporting and also opines no accident occurred. This COULD HAVE BEEN AVOIDED by reporting immediately after the accident occurred. Moreover, you COULD HAVE requested medical care.
DO NOT AGREE TO A RECORDED STATEMENT
Call us immediately if the Workers’ Compensation insurance company asks for a recorded statement about the accident.
WHY?
They’ll eventually ask for a Deposition.
A) We don’t want to give them two lengthy Depositions.
B) If you’re truly in pain you may not answer every question with enough detail to rush through the statement.
C) Every sentence you give them will appear on a transcript. It’s best practice to call our experienced Florida Workers’ Compensation attorneys prior to sitting for a recorded statement. Many claims are denied due to information Insurance Companies receive during these initial interviews/statements.
D) Avoid denial-Call us. We’ll either appear with you during the initial recorded statement or work something out with your company’s Workers’ Compensation insurer.
Here’s a primer on how to avoid denial!
Scenario A-John slips and falls on a construction site attempting to move tile from his car into the renovated building. John feels pain in his back and right knee. He feels uneasy reporting the accident right away. He tells his supervisor he feels sick and goes home. John refuses to seek treatment. Two weeks later the pain in his knee is unbearable. John reports to the accident to his manager who in turn notifies the Florida Workers Compensation insurance company.
The INSURANCE COMPANY DENIES THE CLAIM. The insurance company tells John no one witnessed the accident and he failed to say anything for two weeks.
WHAT SHOULD JOHN DO?
1) Call the experienced Florida Workers’ Compensation Attorneys at the LaBovick Law Group. We’ll discuss the matter with John, file the case on his behalf to ensure the Florida Workers’ Compensation carrier pays lost wages and for medical care. John reported the incident within 30 days. However, the Florida Workers’ Compensation Attorneys at LaBovick Law Group recommends that John report the accident immediately. That way, there’s a paper trail and the insurance company cannot argue they had no notification at all about the day/time of the accident. DO NOT HESITATE to call us and report immediately.
Scenario B-Mike is injured in a motor vehicle accident while delivering products to his customers. He calls his boss and his boss requests he drive back to the office. Mike’s back and neck are in excruciating pain. Mike’s boss pressures him into signing a document entitled “Refusal of Medical Treatment.” Mike ultimately signs it.
THE INSURANCE COMPANY DENIES THE CLAIM REASONING THAT MIKE SIGNED THE REFUSAL OF MEDICAL TREATMENT FORM AND THAT PRECLUDED HIS RIGHT TO TREATMENT AND WORKERS’ COMPENSATION BENEFITS.
WHAT SHOULD MIKE DO?
1) ONCE AGAIN, Step 1 is to call the experienced Florida Workers’ Compensation Attorneys at LaBovick Law Group. A Claimant CANNOT waive his right to Workers’ Compensation benefits in Florida unless the waiver is knowing, voluntary and intentional. Beyond that legal “test”, it’s highly likely that the Florida Workers’ Compensation law supersedes/trumps a waiver of medical care. Many Claimants feel pain days or weeks after an initial accident. Our Experienced Florida Workers’ Compensation attorneys will litigate the waiver issue to ensure all benefits are paid. However, the point is:
1) Do not delay-Report the accident
2) Do not sign any documents until you discuss it with LaBovick Law Group.
3) You should not voluntarily refuse any Workers’ Compensation treatment, despite minor or no injuries occurring. Always report the accident to the carrier and tell them exactly what you experienced in terms of injuries and the mechanism of injury.
4) A notice of injury will be filled out-detailing everything you reported to your company. Be sure to detail all pain, injuries and the as you experienced. Call us to discuss reporting requirements and how to properly detail a Notice of Injury Report. The initial report will set the tone for the Insurance Company’s response.
5) The Carrier will direct you to take a drug test. This requirement is mandatory if the employer has a “Drug-Free Workplace Policy.” Unfortunately, Florida Workers’ Compensation law requires the drug test as well if the employer adopts the Drug-Free policy. If you have any questions about whether you should test and where to go call us before it’s too late. You do not want to have your claim denied over a missed drug test.
CONCLUSION
It is essential for employees who are injured on the job to have a Florida Workers Compensation Attorney review all of their documents prior to filing a Florida Workers Compensation lawsuit. Our system is designed to do that seamlessly and effortlessly once we file your Workers Compensation lawsuit.
We’re here to help-We’ll explain reporting requirements, how to properly detail and report an accident and ensure you receive the treatment you need.
Our firm, LaBovick Law Group has proven, time and time again, to spearhead the attack on insurance companies who mislead injured workers and act against their obligations on the Workers Compensation Law. We will not back down from a fight, even against a giant company like McDonald’s.
This message is for injured workers-Give us a call. Let us prove our value! Let us ensure medical and lost wage benefits for workers injured on the job. We are available 24/7/365 for a call. (561) 623-3681. Once we make contact I will provide you with my personal cell number so you always have access to a Workers Compensation for the question on the fly!
