Dealing with a workers' compensation claim can be difficult, and while some challenges are widely known, there are less common but equally frustrating issues that injured workers encounter. Knowing these hurdles and how to handle them can make all the difference in securing the benefits you’re entitled to.
In this blog, we’ll explore five uncommon workers’ comp challenges and how you can successfully overcome them with the help of a workplace injury lawyer.
1. Inadequate or Misleading Medical Evaluations
After a workplace injury, one of the first steps in the workers' comp process is a medical evaluation by an approved doctor. However, in some cases, injured workers find that these evaluations understate the severity of their injury or misrepresent their condition. This can significantly reduce the benefits you’re eligible for, as the insurance company will use this medical report to determine the extent of your injury and your ability to work.
How to Overcome It:
If you feel that your medical evaluation doesn’t accurately reflect your injury, you have the right to request a second opinion or independent medical examination (IME). A workers’ compensation lawyer can help you find a qualified medical professional and ensure that the evaluation is fair and thorough. Your lawyer will also present this new evidence to challenge the initial evaluation and strengthen your workers’ comp claim.
2. Pressure to Return to Work Too Soon
After a workplace injury, you might feel pressured by your employer or the workers' compensation insurance company to return to work before you are fully recovered. This pressure can come in subtle forms, such as questioning the validity of your injury or suggesting that you can perform light-duty work. Returning to work prematurely can exacerbate your injury, potentially leading to further medical complications.
How to Overcome It:
Always prioritize your health and follow the recommendations of your treating physician. If you're being pushed to return to work too soon, consult with a workers' compensation lawyer. They can communicate with your employer and the insurance company on your behalf, ensuring that your health remains the top priority. In some cases, your lawyer may be able to negotiate for additional time off or seek vocational rehabilitation to help you transition back to work when you're truly ready.
3. Limited Coverage for Repetitive Stress Injuries
Repetitive stress injuries (RSIs), such as carpal tunnel syndrome or tendinitis, develop over time rather than from a single incident. Unfortunately, some workers' comp insurance companies may deny claims for these types of injuries, arguing that they aren't work-related or are pre-existing conditions. This can leave injured workers without the benefits they need to recover.
How to Overcome It:
If your workers' comp claim for a repetitive stress injury is denied, gather as much evidence as possible to prove the connection between your work and your injury. This can include medical records, statements from co-workers, and expert opinions. A workers' compensation lawyer experienced in dealing with RSIs can help you build a strong case and appeal the denial of your claim. With proper legal representation, you have a higher chance of getting the benefits you deserve for long-term injuries caused by your work.
4. Inaccurate Calculation of Wage Replacement Benefits
Workers' compensation benefits include wage replacement payments for employees who are unable to work due to a workplace injury. However, in some cases, the insurance company may inaccurately calculate these benefits, providing you with less than what you are entitled to. This typically occurs when overtime, bonuses, or other forms of income are excluded from the calculation.
How to Overcome It:
Ensure that you keep detailed records of your wages, including overtime, bonuses, and any other forms of compensation you receive. If you notice discrepancies in your wage replacement benefits, bring this up with your workers' comp lawyer, who can review your wage records and fight for an accurate calculation. Correcting these errors can make a significant difference in the amount of compensation you receive while you're unable to work.
5. Retaliation from Your Employer
One of the more unsettling challenges workers face is retaliation from their employer after filing a workers’ comp claim. This could manifest as reduced hours, demotion, or even termination. While retaliation is illegal, it unfortunately still occurs, leaving injured workers feeling vulnerable and uncertain about their future employment.
How to Overcome It:
If you experience any form of retaliation after filing your workers' compensation claim, document everything. Save emails, record changes to your work hours, and note any negative comments or actions from your employer. A workers' compensation lawyer can help you file a retaliation claim against your employer. In these cases, legal action can protect your job and prevent further unlawful behavior, while ensuring you receive the full compensation for your injury.
When to Contact a Florida Workers’ Compensation Lawyer
The workers' compensation system is designed to help injured workers, but without proper legal guidance, you may face delays, reduced benefits, or outright denials. If you encounter any of the challenges outlined above, or if you’re struggling with your claim in general, contacting a workers’ compensation lawyer is one of the best steps you can take. They can help you understand your rights, navigate the legal process, and advocate on your behalf to ensure that you receive the benefits you deserve.
How Orlando R. Murillo, P.A. Can Help You with Your Workers' Comp Claim in Florida
At the law firm of Orlando R. Murillo, P.A., we know how challenging it can be to deal with insurance companies and the complexities of workers' compensation claims. We are dedicated to helping you overcome these obstacles and securing the workers’ compensation benefits you’re entitled to. If you’ve been injured at work, don’t navigate this process alone—reach out to us for the guidance and support you need.
Call us today at 786-891-5842 for a free consultation, or fill out our online contact form to connect with our team. Let us help you protect your rights and recover the compensation you deserve after a workplace accident and injury.