Why Florida Worker’s Compensation Can Be Difficult to Get

You’re in Florida and you filed your workers’ compensation claim; you know it’s a viable one, but you’ve been turned down. You wonder why. You really need your benefits, and you were sure that you’d be approved.

Florida Workers’ Compensation

There’s a good reason as to why you were turned down. There’s a lot of workers’ comp fraud in Florida, and that makes those who are considering your case suspicious. If in anyway your claim is questionable, you’re probably going to be turned down.

An Example of Fraud

Many people in Florida and around the country file fraudulent workers’ comp claims. Take as an example the recent arrest of Anthony Dorta, a Miami-Dade County Fire Rescue Department (MDFR) Fire Specialist 1 (Fire Inspector), who received more than $143,000 in total workers’ compensation benefits. The benefits were for an on-the-job injury to his left knee that occurred in January 2011.

It turns out that when he was on disability, Dorta was working as a handyman. Although he was required to report any income that he earned while on workers’ comp, he never did. He was charged with Filing a False and Fraudulent Insurance Claim in violation of Florida Statute § 817.234. This is a third degree felony.

Claims Need To Be Substantiated

When you file your workers’ compensation claim you must do everything that you can to substantiate it. That is, to prove that your claim is true and that you really have been injured on the job. If you do not understand the system, how it works, and the amount and type of evidence required to make sure that those reviewing your claim have no doubts as to its veracity, then you will have a tough time getting your claim approved.

Although you are not required to engage a workers’ compensation attorney when you file a claim, if you do, you’ll be ahead of the game. It does not mean that you won’t be turned down the first time, but the fact is you have a better chance of being approved the first time if you work with a lawyer. Also, if your claim is rejected, you will have an even better chance of being approved during the appeal process.

Why A Lawyer Works

If you work with an experienced, knowledgeable, and skilled workers’ comp attorney who has been successful, you’re giving yourself a foot up in the process. Your lawyer will know how to address each issue related to your claim and they will understand the best way for you to present your evidence.

They will work with you, your doctors, and anyone else involved in your claim to ensure that you have the best chance possible of having your claim approved. In the State of Florida, the workers’ compensation system is in the midst of a crackdown on fraud. Your best strategy in terms of eradicating any suspicion concerning your claim is to get everything right the first time that you submit your application.

Source : http://www.sternberglawoffice.com/


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