When you’re already dealing with stress and recovery from a workplace injury, it can be extremely hard to pay close attention to every detail of your workers’ compensation case. When you’re entitled to compensation, the last thing you want is to be shortchanged by underpayment. Even if you feel the amount isn’t enough to warrant a large reaction, you deserve every penny owed to you. Today, we want to look at some of the strategies available to combat underpayment in workers’ compensation claims.
The Importance of Working with an Attorney for Your Workers’ Comp Claim
Facing the workers’ compensation claims process without legal representation can put you at an immediate disadvantage. Insurance companies are no strangers to minimizing payouts. An attorney skilled in workers’ compensation law brings invaluable expertise in all aspects of your case, working with you for a fast resolution. Workers’ compensation insurance companies that offer policies to businesses aren’t your friends, so you need someone on your side to help fight for your rights.
Strategy 1: Comprehensive Documentation and Evidence Gathering
The cornerstone of a strong workers’ compensation claim is irrefutable documentation and evidence. You need all medical records—initial injury reports, detailed treatment plans, prognoses—as well as the evidence needed to corroborate the circumstances of your injury. Photographic or video evidence can visually validate your claims, and testimonies from witnesses paint a picture of the scene and accident as it played out.
An experienced attorney knows what the insurance companies look for and can preemptively address potential questions or doubts about your claim’s validity. This saves you time, money, and stress by eliminating delays in the process. Moreover, attorneys can use their experience and engage expert testimonies to provide an authoritative voice on the nature of your injury and its repercussions on your ability to work. This level of thoroughness and precision in evidence gathering can turn the tide in your favor regarding securing a fair settlement.
Strategy 2: Understanding and Utilizing Florida Workers’ Compensation Laws
Florida’s workers’ compensation laws are not something that the average person has a great understanding of, and why should they? Most people will never have to make a workers’ comp claim and battle it out in negotiations with an insurance company looking to underpay. Luckily, attorneys know these laws like the back of their hand.
Florida law outlines specific benefits for different types of injuries and disabilities, and attorneys understand the criteria for these classifications and how they apply to your situation. There are strict timelines and procedural requirements that, if not followed, can jeopardize your claim. It is not a good use of your time to go the DIY route when any delay has the potential to harm your potential compensation.
Strategy 3: Effective Negotiation with Insurance Companies
While you may think that an insurance company has to offer compensation to compensate for your injuries fully, there is a lot of wiggle room in the law they can use to limit the amount they give. Insurance adjusters are trained to minimize initial offers and payouts, often presenting offers that fall short of what you deserve.
Your lawyer will use the comprehensive documentation and deep understanding of Florida’s workers’ compensation laws discussed earlier to build a strong case for maximum compensation. They’ll negotiate on your behalf, and if negotiations reach a standstill, your attorney is prepared to take the fight to court.
If you’re struggling with a workers’ compensation claim in Florida and seeking fair compensation, it’s time to take action. Your recovery and future are our top priorities. Let us advocate for you. Contact Probinsky & Cole today to speak to a member of our team.
