Most Common Mistakes Workers Make When Filing for Florida Workers’ Compensation Benefits
There are many common mistakes anyone can make in a workers’ compensation claim that are potentially costly. Make sure you avoid these mistakes by getting skilled and highly experienced legal representation like Edward P. Busch.
If you have suffered a injury an at work or illness while working and are seeking workers’ compensation benefits, you are entering a process that requires very specific steps and attention to detail.. There are several ways in which even a small and simple mistake can cause your workers’ compensation claim to be denied or delayed. A mistake made due to lack of knowledge of the process can also cost you benefits that you may be already receiving.
It is not hard to make mistakes – especially if you have never dealt with a work injury before. You also have larger concerns of course including your need to recover from your injury, pay your medical bills and look after your family.
What is important to understand from the beginning is that the Florida Workers’ Compensation Division does not accept excuses. Even valid and reasonable explanations for errors are not considered. .
Here are some common mistakes that workers make when filing for Florida workers’ compensation benefits and some tips on how to avoid them.
- Missing the deadline.
You must report any injury at your workplace to your employer within 30 days of the accident or being diagnosed with an illness. If your notice of injury is late, you can be denied benefits you deserve. Edward Busch advises that you should notify your employer in writing as soon as possible after an injury or illness diagnosis. Keep a copy of the notification.
- Unauthorized doctor.
If you have your own doctor, of course you would rather see him. However please be advised that you are required to see the doctor your employer or your employer’s insurance company tells you to see for your workers’ compensation-related injury or illness.
The system is designed so that you are supposed to ask your employer what doctor you can see when you report your injury or illness.
You can still see your own doctor. However, do not fail to see the doctor assigned by your employer. It could cost you your entire claim.
- Avoiding alternative work your employer offers
The primary objective of workers’ compensation is to provide financial assistance until you have recovered and can return to work. This is not a system of benefits to people capable or returning to work. This includes returning to limited or “light” work duty if it is available or to a whole new position.
If you do not, your benefits can be discontinued.
If you disagree with the doctor, you can pursue a workers’ compensation appeal.
- Taking work your employer offers you.
Although we just finished suggesting you should take any work your employer offers. This is true however returning to work too soon or to a job you can’t perform without significant pain also is a costly mistake.
If you return to full-time work and close out your claim and then suffer a relapse, you will need to reopen your claim and reestablish benefits. This creates the potential for delays, more mistakes and lost benefits.
If your present employer offers you work to do at any level, start by asking for a job description and review it with the doctor handling your case.
If you happen to have your own doctor that you are seeing, take this job description to him or her also for their opinion. If you don’t have your own doctor, a workers’ compensation attorney like Edward P. Busch can help you obtain a second medical opinion and, if necessary, proceed with an appeal.
- Accepting a settlement for a claim that is too soon and too little.
If a claim gets dragged out by an employer and its insurance company, it may lead to you, the employee, being ready to settle your case as soon as possible for an amount that does not truly help you.
An experienced workers’ compensation attorney is important because they help work through all the variables and make sure you are receiving the maximum benefits possible before you close your case. If things are not done in a legal and fair way for you an attorney can help you appeal and get your settlement adjusted appropriately.
Contact Miami Workers’ Compensation Lawyer, Edward P. Busch Today
