A work comp claim exists to compensate employees for their work-related injuries. This is a viable alternative to personal injury lawsuits. So, instead of filing a lawsuit for your injuries as an employee, you can easily get damages via workers’ compensation.
Unfortunately, however, not every worker with work-related injuries is eligible for workers’ compensation. Again, even the qualified ones have to pass through a stringent process to get the damages they deserve. In summary, worker’s compensation is not automatic. In addition, there are many things you can do to reduce your chances of getting one.
As such, it’s always wise to seek direction from a qualified work comp lawyer before you file your claim. In addition, your attorney will evaluate your claims and let you know your chances of success from the get-go. In this article, we’ve highlighted some actions you should avoid when filing a work comp claim in Miami.
Do I Qualify for Workers’ Compensation Benefits?
Before you eventually file your workers’ comp claim, you must know whether you’re eligible for one in the first place. As mentioned earlier, not all workers who have work-related injuries are eligible for workers’ compensation. Therefore, it’s wise first to confirm your eligibility status before you take any step further.
Below are the eligibility requirements for workers’ comp benefits:
You Must Be An Employee
Merely working in an organization doesn’t automatically make you an employee. Sometimes, you could be an independent contractor like a freelancer or consultant. Unfortunately, only employees and some independent contractors in some instances can file a work comp claim. Other excluded workers may have to find compensation through some other means.
Your Employer Must Carry Insurance
Work comp hinges on the fact that your employer carries workers’ compensation. While the law requires many employers to have workers’ compensation coverage, it’s optional for others. You must confirm that your employer has workers’ comp coverage before you take any action.
The Injury Must Be Work-Related
When your injury is work-related, it means that you got injured while carrying out official duties. For example, if your job entails loading a company vehicle, any injury you get due to doing that is work-related. However, there are other cases where injuries sustained in your work premises may not count as work-related. Find out what they are from our Miami workers’ comp attorneys.
What Mistakes Can Ruin My Workers Compensation Case?
After meeting the requirements above, you can confidently file a work comp claim. However, be sure to avoid the following mistakes as you file:
Failing To Report Your Injuries
One of the first things to do after a work-related injury is to notify your employer about it. Even if the injury was an emergency, it’s best to make the report at the earliest opportunity. Failure to notify your employer about your injuries on time may prove disastrous to your claim later on. Furthermore, while making your report, ensure that you explain everything that happened in detail.
Even after meeting the eligibility requirements, failing to meet the filing deadline can disqualify you. As such, you should be sure to file within the timeframe your state stipulates. For Florida, the time limit for filing a work comp claim is two years from the date of the work-related injury.
Giving Inaccurate Reports to Your Doctor
To get your benefits, you must prove that your injury is work-related. Again, your treating physician must be able to verify that. If you give incomplete or inaccurate information to your doctor, they may not be able to establish a work-related injury.
It’s worse when you had an injury before the one you got due to a work-related accident. In such situations, inaccurate reports can easily make your work-related injury seem like a complication of the previous one.
Not Hiring an Attorney
It’s easy to think that handling your worker’s compensation claim all by yourself is cost-effective. However, that’s not the case, as many people later find out. Workers’ compensation is complex and time-consuming. It’s always a wise decision to seek expert help when handling cases like this.
Failing To Appeal a Denied Work Comp Claim
Having your claim denied can be very disheartening. However, that’s not the end of the world. Depending on your cases’ specifics, you can still get your compensation benefits after an appeal. It’s wise to explore that option if you feel your employer’s insurer unjustly denied your claim.
Call an Experienced Work Comp Attorney Today
When it comes to work comp claims in Miami, our team of experienced attorneys remains unbeatable. At Miami Lawyers 360, we will help you get the compensation you deserve while taking the stress off you. Give us a ring today.