Compensation Denial Florida

Workers’ compensation claims often get denied, but you shouldn’t lose hope, as this is not necessarily the final word for your case. You can settle the dispute through an informal meeting with your employer or insurance company.

If this doesn’t work, you can always file an appeal or pursue possible third-party claims. The experienced workers’ compensation attorneys at Carlson Meissner & Hayslett will do everything possible within the ambit of the law to maximize your financial compensation for your workplace injuries.

Why are Workers’ Compensation Claims Denied in Florida?

More workers’ compensation claims get denied in Florida than most people may like to think. There are several reasons for this, including:

Incomplete information in the claim application
The discrepancy between the documented injuries and the accident report
You failed to notify the employer of your injuries
You missed the filing deadline
You did not seek appropriate medical treatment from a provider on the list of certified providers
The injury did not occur during work
Injury is not severe enough to qualify for benefits
The employer disputes the claim

You will receive a letter stating the exact reasons for the claim denial. It will give you the information required for a possible appeal.

Filing a Workers’ Compensation Claim Appeal in Florida

After receiving an initial denial, your first step should be to meet with the employer and their insurance company to determine whether you can resolve the issue without court intervention. You can seek assistance from the Employer Assistance and Ombudsman Office (EAO) at no additional cost.

If you cannot resolve the issue, you must submit a Petition for Benefits with the clerk of the Office of the Judges of Compensation Claims (OJCC). You should include the details of the following:

Your accident
Wage loss suffered
Type of injury
The benefits you seek

Appeals Process for Workers’ Compensation Claims

After receiving your petition, the OJCC will notify your employer and their insurance provider. The employer and insurance carrier will have 14 days to respond to the OJCC or release your claim amount. After, the OJCC will assign a neutral third-party mediator for an informal hearing in a dispute. This usually takes place within 130 days of the filing.

Having an attorney at the mediation stage is critical to advocate on your behalf. The workers’ compensation judge will schedule a pretrial hearing to establish issues if the mediation fails.

You may need to submit a written statement if you cannot attend the hearing because of your injuries.

The final hearing will occur within 90 days, where both parties will present witnesses and evidence. You will receive a written decision within 30 days from the judge. If you disagree with this decision, you can file an appeal with the First District Court of Appeals within 30 days. This is a challenging process and can take over a year to arrive at a resolution.

Choose the Most Results-Driven Workers’ Compensation Law Firm with a Track Record of Successful Claims

The workers’ compensation lawyers Carlson Meissner & Hayslett are committed to helping claimants achieve the maximum benefits they deserve for their workplace injury or illness. Our attorneys will give you full attention and support at every step and fight hard to protect your rights. Call us at (727) 306-0273 or reach us online to set up your free case evaluation with our dedicated legal team.

Free Case Evaluation Contact us today to learn how we can help you navigate your legal concerns.

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