Watch Out for These Workers’ Compensation Loopholes

Workers’ compensation is no-fault insurance that replaces lost wages and pays medical bills in the event of a work-related illness or injury. However, no-fault does not mean “no problem.” In fact, in many cases, the opposite is true. Even though workers’ compensation and other insurance companies earn over $1 trillion a year, these companies often use loopholes, like the ones discussed in this post, to reduce or deny compensation to victims who desperately need every penny they can get.

Insurance companies have lawyers that advocate for their interests. A Tampa workers’ compensation lawyer goes toe-to-toe with these attorneys and obtains the largest settlement or verdict possible. Success in a workers’ compensation claim is often a long process that includes evidence collection, legal research, and tireless advocacy.

Employee Misclassification

Florida’s workers’ compensation law only protects workers. To circumvent this law, many employers intentionally misclassify employees as independent contractors. Initially, these injured workers may find themselves without benefits, even when they function like regular employees. This practice is especially prevalent in construction, trucking, and gig-economy jobs.

So, unless a Tampa workers’ compensation lawyer is involved in a claim right from the beginning, the claim could be over before it begins.

The good news is that companies cannot unilaterally designate workers as employees or non-employees. A workers’ compensation court has the final word in these matters. Additionally, the employee/non-employee rules are victim friendly in these forums.

Narrow Injury Definitions

Other than not being an employee, not work-related may be the most common insurance company defense in workers’ compensation matters.

Injuries that develop gradually, such as repetitive stress injuries, back problems, or occupational illnesses, are particularly vulnerable to denial. Employers may claim the condition was pre-existing or caused by non-work activities, effectively shifting the burden of proof onto the worker.

The substantial cause rule usually applies in these situations. A work-related incident or condition must substantially cause the injury. Contributing causes, such as cigarette smoking in an asbestos exposure mesothelioma case, don’t matter in this context.

Missed Reporting Deadlines

Some job injury victims unintentionally shoot themselves in the foot. Florida has very tight injury reporting deadlines. Workers who delay reporting, usually because they fear retaliation, believe the injury is minor, don’t know their rights, may lose the opportunity to obtain benefits. Employers or insurers may use these missed deadlines as a technical defense, even when the injury is clearly work-related.

Employees must be cognizant of injury reporting deadlines. Once again, different rules often apply to occupational diseases, like the ones mentioned above. Usually, victims must report these conditions when they discover the full extent of their illnesses and they connect those illnesses to their work environments.

Temporary Partial Disability Assignments

We would be completely remiss if we failed to discuss this workers’ compensation loophole. Frequently, as victims recover from their illnesses or injuries, doctors clear them for light-duty assignments. This situation is especially common in places like Florida that require job injury victims to see company doctors.

Frequently, light-duty positions are temporary, unproductive, or tailored solely to cut costs, rather than supporting recovery or benefitting the company. Problems with a TPD assignment could lead to a loss of benefits.

Assume Max is a chemical engineer who’s badly burned on the job. His doctor clears him for a light-duty position, and his boss instructs him to watch the parking lot. Max is upset over the demeaning nature of this job, and as a result, his boss fires him for insubordination.

To remedy this problem, a Tampa workers’ compensation lawyer often works with a doctor who states that Max needs complete rest and recovery and is flatly unable to work.

Contact a Reliable Hillsborough County Lawyer 

Injury victims are entitled to important financial benefits. For a confidential consultation with an experienced workers’ compensation lawyer in Tampa, contact Kobal Law. Virtual, home, and hospital visits are available.

Source:

iii.org/fact-statistic/facts-statistics-industry-overview