Q: Can my workers' compensation claim be denied?

Yes. Worker's compensation claims are often denied. In fact, even if a claim is accepted, our attorneys come across instances on a regular basis where conditions are denied or the need for treatment is denied. It's extremely important to appropriately understand your rights and remedies, consult with an attorney who specializes in worker's compensation, and more importantly make sure that you document your condition and secure medical records contemporaneous with the actual date of visit and recommendations being made. Therefore, if in fact you are forced to mount a claim for purposes of overcoming a denial, our attorneys can be out in front of the insurance company before they know what it is that we are claiming.

Q: Can I be denied if I was drunk or on drugs when the accident occurred?

Yes. In the state of Florida, there are intoxication and drug-free workplace laws and defenses that can prevent you from receiving any and all forms of workers' compensation benefits and authorized medical care if it is determined that you were under the influence of either drugs or alcohol at the time of your injury. This could apply even if being under the influence was not the source or what caused the injury to occur.