1-800-393-2999 24 hours
300 N Maitland Ave Maitland, FL 32751
8 N Brevard Ave Cocoa Beach, FL 32931
Garfinkel Schwartz FacebookGarfinkel Schwartz Linkedin Garfinkel Schwartz Tumblr

Insurers Minimize Defense Base Act Claims

Injured workers need help retaining medical benefits

Need help keeping medical benefits?

Hi my name is Brian Wiklendt. I work here at Garfinkel Schwartz. I’m in the Titusville office right now which is near Port Canaveral in Florida. We also have an office in Maitland Florida which is right near Orlando, which is a suburb of Orlando.

You can see a video on the Garfinkel Schwartz YouTube channel  called “How Insurers Minimize Defense Base Act Claims.” 

But my office is basically is all across the country to be honest with you because I travel all around the country helping people that are injured overseas and the people that are injured in the ports all around the country.

And so I do a lot of travelling and I enjoy it and I enjoy meeting and helping families. What I do is I basically travel across the country and assist people that were injured overseas or they were injured in harbors or rivers or things like that where they are afforded federal compensation and state compensation for their injuries.

Everything is Fine at First

And what I do is normally insurance companies will maybe accept a claim at first, but normally, maybe later on when you’re getting yourself together they tend to try to minimize the value of your claim at any time that they can and that’s where I come in.

We Don’t Allow Insurance Companies to Minimize Your Claim

I don’t let them do that, I don’t allow them to do that. I don’t allow them to minimize your claim. Insurers minimize your Defense Base Act claim in many different ways. They deny surgeries for some certain people; they may pay you an average weekly wage under the law that’s too little.

They Minimize Your Claim Every Step of the Way

What they basically do is the insurance companies try to minimize your claim at every step of the way. And as long as all they need is one piece of paper to say something’s going to be denied: medical benefits or deny reimbursements or to actually try to find a job that you’re supposedly capable of doing to minimize your earning capacity.

And that’s their job. Every day they have lawyers on their side trying to minimize the value of your case and I’m here to ensure that they don’t succeed in doing that.

What happens a lot of times is there’s no way that the insurance company can deny your claim. Let’s say you’re in Afghanistan or in Iraq and you were bombed. Well they’re obviously going to have to pay compensation to you for that at the beginning.

It All Seems Fine and Then It’s Not

So in the beginning everything’s fine. They paid for your hospital bill; they paid for your flight home. They start paying you compensation … but at some point and over time like I had mentioned before, they’re going to try to minimize the value of your claim.

Don’t Let the Insurance Companies Have Control Over Your Health

And what they do is they have complete control over your claim if you don’t have an attorney. And they can do things behind the scene without telling you. That they can find vocational exams and try to find jobs that you’re capable of doing to reduce your compensation.

The Insurance Companies Can Deny You Care

They can deny certain drugs. They can deny certain surgeries. Certain treatments that they think is too expensive for you.

And they try to do everything that they can do on the cheap. But, in this law, you’re entitled to doctors of your choosing, which we help you get that are on your side, not on the side of the insurance company.

If You Don’t Hire Our Firm, That’s OK–But Hire Somebody

So basically in summary, if you don’t hire our firm, and you don’t hire me, that’s OK, I just hope that you understand that I wish you would hire an attorney. I doesn’t have to be us if you’re not comfortable with us, but make sure that attorney knows what they’re doing because this is a very complicated area of law. Make sure that they know everything about the Defense Base Act and the Longshore Act which are federal laws and not state laws.

Sooner or Later Insurance Companies Minimize Your Benefits

And the reason for that is basically even if you think that your insurance company is doing everything it can for you and they’re very nice, and your adjuster is fantastic, sooner or later down the road they’re going to try to minimize your benefits. That’s just what they do and that’s why you need protection. Whether that be a day from now or 10 years from now. They’re always trying to minimize the value of your claim. Don’t let that happen to you.

Again my name is Brian Wiklendt, I’m here at your service at Garfinkel Schwartz. I hope you call but if you don’t call me, please call an attorney who knows what they’re doing. I’m here signing out at the Titusville office in Florida, thank you.