Every year, on-the-job accidents and hazardous conditions result in serious illnesses and injuries for workers. Regardless of the type of job you hold, an on-the-job injury can occur and pose a serious threat to your ability to work and provide for your family. Fortunately for injured worker, the workers’ compensation program provided assistance in terms of medical care, paying for lost wages, and compensating injured workers for any temporary or permanent disabilities. At the same time, it is not uncommon to discover that workers’ compensation has denied your claim, or approved you for fewer benefits than you need in dealing with your injury. In cases such as these, it is important to be aware for your right to appeal your case.
Workers’ Compensation Denied
According to the Florida Workers’ Compensation System Guide, workers are required to report any injuries directly to their employer, who is then required to notify their insurance company within seven days. You will be contacted by an insurance adjuster who will request the details surrounding your accident, as well as information regarding your injury. Within a week you should receive a notification letter from the workers’ compensation program, acknowledging your claim and giving you a list of forms to fill out, as well as medical releases in order for them to get your medical records from the doctor who treated your injuries. Failure to notify your employer or to fill out all forms and releases can lead to your workers’ compensation being denied. Additional reasons your claim may be denied include:
- Failing to get medical treatment for your injury;
- Failure to follow your doctor’s instructions;
- A determination is made that your injury did not occur on the job, or in the course of your employment; and
- A determination is made that your injury or illness is not severe enough to prevent you from working or to qualify you for benefits.
It is important that if you receive a notice stating that your benefits denied, you act immediately in notifying workers’ compensation of your intent to appeal.
Appealing Your Denied Workers’ Compensation Claim
If you have had your claim for workers’ compensation denied or you dispute the amount of benefits awarded you are may be entitled to file an appeal. Under Section 440.192 of the Florida Workers’ Compensation Statutes, procedures for appealing your case may involve the following:
- Filing a petition with the workers’ compensation administrative office notifying them of your intent to appeal;
- Undergoing additional medical examinations in support of your claim;
- Attending mediation and alternative dispute resolution hearings with the insurance company for your employer; and/or
- Attending a judicial administrative hearing in which a judge will hear evidence and make a ruling on your case.
Let Our Attorneys Help You Today
If you have been injured on the job or suffered an occupational illness on the job, contact our experienced Florida workers’ compensation attorneys immediately. At Hogan Frick, we fight for the rights of injured workers and can advise you on the best course of action to take in order to get the compensation you are entitled to. Do not wait until your claim has been denied. With offices in Orlando, Gainesville, Ocala, Kissimmee, and Lakeland, contact Hogan Frick today for a free consultation.