If you’ve been injured on the job, you may be eligible for workers’ compensation benefits under Florida law. Workers’ compensation is a type of insurance that provides benefits to employees who are injured or become ill as a result of their work. The benefits can include medical care, wage replacement, and vocational rehabilitation.
However, if your workers’ compensation claim is denied by the insurance company, you may feel frustrated and confused. In this blog article, we will discuss what to do if your workers’ compensation claim is denied under Florida law.
Reasons for Workers’ Compensation Claim Denial
There are several reasons why your workers’ compensation claim may be denied. Some common reasons include:
- Your injury or illness was not work-related.
- You failed to report your injury to your employer in a timely manner.
- Your employer disputes your claim.
- The insurance company believes your injury or illness is not severe enough to warrant workers’ compensation benefits.
What to Do if Your Claim is Denied
If your workers’ compensation claim is denied, you should immediately contact an attorney. The attorney will contact the insurance carrier or their attorney on your behalf and, if necessary, file what’s known as a Petition for Benefits with the Office of the Judge of Compensation Claims. A petition for benefits must be filed with the Office of the Judges of Compensation Claims within two years of the date of your injury.
At the hearing, you will have the opportunity to present evidence and argue your case. An attorney can help you gather evidence, prepare your case, and present your arguments in a compelling way.
After the hearing, the judge will issue a written order. If you are unhappy with the judge’s decision, you may appeal the decision to one of Florida’s District Courts of Appeals.
If you win your case, you will be entitled to workers’ compensation benefits, including medical care, wage replacement, and vocational rehabilitation. If you lose your case, you may be able to appeal the decision to the Florida Supreme Court.
If your workers’ compensation claim is denied by the insurance company, it’s important to contact an attorney. The appeals process can be complex and time-consuming, but with the help of a workers’ compensation attorney, you can increase your chances of success. If you’ve been injured on the job, don’t give up. Fight for the benefits you deserve.