My Florida Workers’ Compensation Claim was Denied, What Can I Do Now?
An on-the-job injury often causes tremendous damage to the victim. Medical bills can quickly start to pile up and pay checks can stop coming in. Victims need and deserve their full and fair worker’s compensation benefits. In the event that your Florida workers’ compensation claim has been denied, it will no doubt be extremely stressful, frustrating, and intimidating. The good news is that you still have legal options. However, swift action needs to be taken to ensure that these options remain available to you. It is imperative that consult with an experienced Tampa Bay workers’ compensation lawyer as soon as possible.
Why was Your Claim Denied?
The first step to challenging a denied claim is understanding exactly why the claim was denied. While workers’ compensation claims can potentially be denied for a wide array of reasons, the vast majority of denials occur because of one of the following three issues:
- Your employer believes that the injury took place while you were ‘off’ the clock;
- Your employer disputes the existence or severity of your injury; or
- There was a technical problem with your application, such as an error or a delay.
You should have received an official letter stating your denial. Within this letter there should be an explanation of the precise reasoning as to why you are not receiving your benefits. You need to read and understand your denial letter. Then, you need to get that letter into the hands of an experienced work injury attorney.
You Can Take Action
- File an appeal: Under Florida law, you have the right to appeal your workers’ compensation denial. Though. you must act. If you fail to file your appeal in a timely manner, you risk losing out on any possible compensation.
- Get yourself evaluated: In the event that your claim was denied because there is doubt over the extent or severity of your injuries, you will likely need to go through and independent medical exam. The results of this examination will have a major impact on your case. As such, you need to ensure that the process is fair. Employers tend to try to push you towards medical professionals who will be favorable to their position. Your attorney can help you make sure that you are receiving a fair medical exam.
- Seek alternative dispute resolution: In Florida, the first level of appeal for workers’ compensation claims generally involves some form of alternative dispute resolution (ADR). In many cases, a desirable result can be achieved through mediation or arbitration. Regardless of the form that ADR takes in your case, it is imperative that the process is taken seriously. You need to be fully prepared for it and you should always be represented by an attorney.
Contact Our Tampa Office Today
At The Pawlowski//Mastrilli Law Group, our Florida workers’ compensation attorneys have helped many injured workers recover the full and fair compensation that they deserve. If your workers’ compensation claim was denied, please do not hesitate to contact our office today to set up a free review of your case. Our firm is based in Tampa Bay and we serve injured workers throughout the region, including Pasco County and Pinellas County.
Resource:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0440/0440.html
