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M H Law Matheson and Horowitz injury and disability lawyers
772-571-4109
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    • Michael K. Horowitz
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Edward G. Matheson and Michael K. Horowitz
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  5. 3 mistakes workers make that limit their right to workers’ comp

3 mistakes workers make that limit their right to workers’ comp

On Behalf of Matheson and Horowitz | Jul 8, 2021 | Workers' Compensation |

All employers with four or more employees in Florida have to carry workers’ compensation insurance. If one of their employees gets hurt, that insurance will protect the business from liability and the individual from financial devastation.

Workers who got hurt on the job or who acquire a job-related medical condition can typically receive medical benefits for the care that they need and possibly disability benefits if they have to take time off of work to recover.

While most workers get the benefits they need when they apply, some instead get denied. What are some of the more common reasons workers don’t receive benefits when they apply?

They failed to notify their employer of their injury or diagnosis

Under Florida law, employees have an obligation to let their employer know if they get hurt at work or if a medical professional diagnosis them with a work-acquired medical condition. You typically only have 30 days once you learn of the diagnosis to tell your employer about the situation. If you don’t properly notify your employer, that might impact your right to claim compensation.

They don’t demonstrate how the condition relates to their work

Workers could sprain their ankle when tripping over an electrical cord in a factory, but they could also injure themselves playing baseball on the weekend.

Workers’ compensation benefits only apply to injuries acquired at work or exacerbated by job responsibilities. Those who don’t provide adequate information to connect their job with their medical condition can face a denial.

They don’t follow the instructions of the doctor overseeing their care

Workers’ compensation insurance is a no-fault system, which means that you can receive the exact same support if you trip and fall as you would if another employee accidentally hurts you.

However, there is a situation in which you may be responsible for the impact of the injury or medical condition on your job function. If you don’t follow through on the medical recommendations to help you recover, that could eventually mean that you no longer qualify for benefits.

Whether you need to go to physical therapy or have surgery, you generally need to either comply with medical recommendations or ask for a second opinion if you hope to keep receiving benefits.

Understanding what can lead to a denied benefits claim can I help you clarify the matter when you appeal for your workers’ compensation benefits.

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