Myths About Workers’ Compensation Can Leave You Without A Leg To Stand On

Workers’ compensation is often a hotly contested issue between employers and employees, or even between employees themselves. If someone is hurt on the job, the average person tends to think that their injuries and medical treatment will always be covered, and that they will be back at work as soon as possible. The reality is, unfortunately, much less simple, and it is extremely important for employees to truly understand the workers’ compensation system in Florida, with both its costs and benefits.

The System Limits Choice

Perhaps the biggest misunderstanding for a newly injured employee is the idea that they will be allowed to make more choices than they actually will be. For example, most injured employees will not be able to choose their treating physician – since the employer’s insurer is footing the medical bills for the employee, they are permitted to choose the doctor. Another common mistake injured employees make in seeking workers’ compensation is ignoring the 30-day deadline to report their injury to their employer.

Some people, particularly those not long in the workforce, even hold the belief that they can choose to participate in workers’ compensation or not – with the alternative being to sue their employer. In reality, Florida law holds workers’ compensation as the “exclusive remedy” for work injuries in all but the rarest circumstances. In other words, an injured employee gives up their right to sue their employer in exchange for no-fault care if they are hurt on the job.

Many Claims Denied For Lack Of Evidence

If an injured employee applies for workers’ compensation coverage and is denied, it can be a very rude awakening, particularly for someone who does not understand that workers’ compensation coverage is conditional upon fulfilling legal criteria. Workers’ compensation claims require significant evidence to establish that the injury occurred while the person was acting within the scope of their employment, was not intentional, and is sufficiently serious to warrant medical leave.

If a person’s claim is lacking in medical evidence, or there are conflicting statements that might create doubt about whether the injury happened at work, it is much more likely that the claim will be denied. In addition, if they do not have sufficient medical information about their condition, it sometimes can affect whether or not a settlement should be reached – for example, a person might choose to agree to a settlement only to experience more pain and suffering later because they were unaware that the injury might worsen.

Contact An Orlando Workers’ Compensation Attorney

A lack of understanding of how the workers’ compensation system operates can be just as much of an impediment to getting benefits as those who make the decisions. Enlisting an Orlando workers’ compensation attorney from the Hornsby Law Group can help make the process easier to navigate, and can ensure that all the criteria for your claim is met. Call our office today at (407) 499-8887 to schedule a consultation.