The common challenges in a workers' compensation claim | Rosenthal, Levy, Simon & Sosa

The common challenges in a workers’ compensation claim

Being injured in the workplace is likely going to cause you some financial concerns, especially if you need to take time off work to recover. However, workers’ compensation is in place to, theoretically, act as a safety net to protect workers who were injured in the workplace from undue financial hardship.

If you are successful in making a workers’ compensation claim in Florida, you should be able to gain back a significant portion of your lost wages, compensation for all medical treatment associated with the injury, and you may also be able to benefit from a rehabilitation program if you are no longer physically able to work in your previous role. However, there are certain challenges that can be experienced when filing a workers’ compensation claim. The following article is an overview of some of them.

When your injury is not witnessed by others

To make a successful claim, you will need to show that it occurred when you were engaging in a work-related activity. This can be challenging to prove if no one else witnessed the accident. If you injure yourself and no one sees the incident, you should inform your manager and coworkers immediately and tell a clear and consistent story.

When you are laid off before you file a claim

One reason why you should never delay making a workers’ compensation claim is that you will have a very low chance of successfully making a claim if you are laid off first. This is because it may be interpreted by judges as a revenge claim.

Your medical records are inconsistent with your story

If you tell a different story to your doctor and their reports do not match up to the story you told your employer, your claim will likely be dismissed. Always stay consistent.

If you have recently been injured in the workplace, make sure that you understand what actions you can take to make a successful claim.

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