My Workers’ Comp Claim in Tampa Was Denied: What Next?
One of the few things worse than a workplace injury is receiving the news that your workers’ comp claim has been denied. In this situation, you’re stuck with medical bills, lost wages, and other issues with no way to cover your expenses. Although your options may seem limited, a workers’ compensation lawyer in Tampa can help you determine your next moves.
Fight Your Denied Claim
Perhaps the most obvious option is to fight your denied claim. You can do this by contacting a lawyer, determining the reason for your denial, and coming up with an effective legal strategy. For example, you may have been “misclassified” as an independent contractor when you should have been classified as an employee. Perhaps your denial is based on the assumption that your accident was not work-related, when in fact it was.
These are just a few examples of why your claim might have been denied. Contact a lawyer to discuss your specific situation and determine whether it might be possible to appeal your denial.
File a Personal Injury Lawsuit Instead
If your claim was denied because your accident was not work-related, determine whether a personal injury lawsuit is appropriate instead. Your employer may be able to dodge responsibility, but another party may be liable.
In many ways, this is actually a positive outcome, as a personal injury lawsuit has the potential to provide you with more compensation than a workers’ comp claim. A personal injury claim covers non-economic damages and 100 percent of your missed wages, while a workers’ comp claim only covers two-thirds of your wages and specifically excludes non-economic damages.
For example, your boss might have sent you to get coffee for the team. If you were T-boned by a pickup truck at an intersection, you may be able to sue the pickup truck driver instead of filing a workers’ claim. Note that under these circumstances, you should be able to file a workers’ comp claim as well since your boss specifically told you to leave the workplace.
Rely on Your Health Insurance
If you have good health insurance, this might be a positive “plan B” when all else fails. Health insurance doesn’t cover your lost wages, but it should at least help you access the treatment you need as you recover from your injuries.
Note that health insurance should never be your first source of compensation, as workers’ compensation should take priority. If you turn to your health insurance first, you might eventually have to pay your insurer back with proceeds from your workers’ comp claim. Speak with your attorney if you’re not sure which option makes sense.
Can a Tampa Workers’ Compensation Lawyer Help Me?
A Tampa workers’ compensation lawyer may be more helpful than you realize if you’re dealing with a denied claim. With help from one of these legal professionals, you can assess your various options and determine which one makes the most sense. Contact The Franco Law Firm today at 813-872-0929 to continue this discussion in more detail.
Source:
myfloridacfo.com/division/wc/home
