There are times when someone has been injured while performing the duties of their job and are unable to work. As a result, you can file a claim for workers’ compensation benefits in Tampa, Florida, in order to recover lost wages while you get better. Workers’ comp also ensures that your medical costs during recovery are paid by your employer or their workers’ compensation insurance company. However, even though workers’ compensation laws are in place to assist injured workers, often these claims can be denied. One of the few things that could make being injured on the job worse is learning about a workers’ comp denial in Tampa, FL. However, simply being denied does not mean that you are not entitled to these benefits.
Common Reasons for Workers’ Comp Denial in Tampa, FL
If your worker’s compensation claim was denied in Tampa, Florida, there are many reasons this could be the case. It could be something as trivial as a form not filled in correctly or a missing piece of paperwork. Other common reasons for claims to be denied include:
- Not Injured at Work. One of the most common reasons for a claim being denied is doubt that the injury actually occurred at work. If an investigator or claims adjuster determines that the injury occurred at a time when the employee was not working, then the claim may be denied.
- Injured During the Commute. Except for in special circumstances, injuries resulting from travel to or from a place of work are not covered by workers’ compensation benefits in Florida. Injuries due to travel which is performed as a part of one’s job duties, on the other hand, including work-related errands, may be covered. If your worker’s compensation claim was denied in Tampa, Florida for this reason, a workers’ compensation attorney might be able to help you appeal this.
- Not Reported in Time. Every state requires a worker to report an accident resulting in an injury in a timely manner to their employer. In the state of Florida, workers’ have 30 days to report the accident, or you may be facing a workers’ comp denial.
- Failure to See an Approved Medical Provider. After the accident is reported to the employer, the injured employee should be provided with a list of approved medical providers. Any medical treatment related to the injury should be done by this provider, and failure to do so may result in a workers’ compensation denial in Tampa, FL.
- Not Getting Treatment. If the injured worker never seeks treatment for the injury at all, then there is no workers’ compensation claim. Medical treatment from an approved provider is necessary to recover any benefits at all.
- Pre-Existing Conditions. In some cases, an injury may be attributed to a pre-existing condition, such as an old back injury, which is aggravated or exacerbated by the accident at work. In some cases, these claims can be denied. In order to have the highest possible chance of success for a workers’ compensation appeal in Tampa, FL, you should consider working with a workers’ compensation attorney.
- Intoxication. If it is believed that a worker is under the influence of drugs or alcohol, and the intoxication may have contributed to the accident, this can cause a workers’ comp denial in Tampa, FL. Usually, this requires testing done at the time of emergency medical care to verify. If you believe your claim has been wrongfully denied, for this reason, a workers’ compensation attorney may be able to help.
- Horseplay, Jokes, and Similar Activities. Employees who are injured during roughhousing, horseplay, or a practical joke gone wrong can find their worker’s compensation claims denied. This is generally because these sorts of activities are considered by employers to be not work-related activities, and thus not considered to be on the job. With the help of an attorney, you may pursue a successful workers’ compensation appeal for this or any of the other common reasons for claim denial.
Consult with a Tampa, Florida Attorney About Your Workers’ Comp Denial
The experienced Tampa, Florida, workers’ compensation attorneys here at Burnetti, P.A. have helped many injured workers’ from the Tampa Bay area recover workers’ compensation benefits for their injuries by pursuing successful workers’ compensation appeals for claims which were initially denied. If you have been injured on the job and your worker’s compensation claim in Tampa, Florida has been denied, all is not lost. Consult an attorney right away about your workers’ comp denial to begin the appeals process. Your worker’s compensation benefits, if approved, can be paid retroactively back to the date of the injury.