Were You Denied Workers’ Compensation in Florida?
Our Coral Springs Work Injury Lawyers Can Help!
If your workers’ compensation claim was denied, an attorney can help you file an appeal to challenge the decision. Every year, tens of thousands of on-the-job injuries and illnesses are reported in the state of Florida. However, only some of the individuals who suffer from these injuries and illnesses will receive the workers’ compensation benefits they deserve. If your claim was denied, do not wait to involve a lawyer. Together, you can appeal the denial and fight for the benefits you rightfully deserve.
Why Was My Workers' Comp Claim Denied?
In the state of Florida, you have exactly 30 days from the date of your injury or illness to file a workers’ compensation claim for benefits. Claims filed after the 30-day limit will be denied. However, even claims filed within the 30-day time frame can be denied. Florida employers, and the insurance companies that represent them, can deny workers’ compensation claims if they believe them to be invalid.
Common Workers' Compensation Denial Reasons:
- The insurance company is not convinced that your injury is work-related
- You are no longer employed at the company where you were injured
- Your injuries do not qualify under workers' compensation coverage
What if My Employer is Disputing My Workers' Compensation Claim?
Unfortunately, many employers and insurance adjustors abuse this privilege and deny claims simply as a way to avoid paying out on the benefits owed to workers who are injured or made ill while on the job. For help with a claim denial, contact a Coral Springs workers’ compensation denial attorney at the Law Offices of Adam Baron, P.A. We will meet with you free of charge to discuss the options available to you at this time.
What is the Workers' Compensation Appeals Process?
If your attempts to resolve a claim denial with the insurance company are unsuccessful, you can formally appeal the decision with the help of a lawyer. Facts you’ll need to know before you start:
- A Petition for Benefits must be mailed to the Clerk of the Office of the Judges of Compensation (OJCC).
- You must file your petition within 2 years of the date of your injury or illness.
- You must file your petition within 1 year of the date of your injury or illness if you are petitioning a specific benefit, i.e. medical treatment, etc.
- The Insurance company has 14 days from the date of receiving your petition (provided by the OJCC) to respond.
The first formal step in the appeals process is the mediation hearing, which will be scheduled within 130 days of filing your petition. This is an informal conference, during which time a third party mediator will attempt to help you and the insurance company resolve the disputed claim.
If the mediation is unsuccessful, a workers’ compensation judge will be assigned to your case and a pretrial hearing will be scheduled. At the hearing, disputed issues will be identified and both you and the insurance company will have an opportunity to exchange evidence. At this stage of the process, it’s crucial to have a workers’ compensation attorney representing your case, as the insurance company will most definitely have legal representation acting on its behalf.
The final hearing will take place no later than 90 days after the pretrial hearing. At this time, attorneys for both parties will present evidence, testimonies, and witnesses to the judge. The judge will review this evidence and then issue a decision, which will be mailed to both parties within 30 days of the hearing.
Contact the Law Offices of Adam Baron, P.A. for a Free Consultation
At the Law Offices of Adam Baron, P.A., we’re here to help you appeal a workers’ compensation claim denial. Backed by decades of experience and a history of successful case results, we are prepared to help you fight any unfair denial made against your claim. To date, we’ve successfully secured over $1.5 million on behalf of our workers’ compensation clients. We’re ready to help you next.
Contact our firm today for a free, confidential consultation with a Coral Springs workers’ compensation attorney.