A workplace injury that prevents you from working can leave you financially suffering and in desperate need of workers’ compensation benefits. Learning that your Florida workers’ compensation claim has been denied can leave you feeling scared, stressed and overwhelmed.
Learn the reason for the denial
However, you have the right to appeal the decision. Review your denial letter carefully and make sure you understand the specific reason for your denial. Sometimes the reason for the denial is simple.
Your claim may have incorrect or missing information or you might need to provide additional medical documentation. When you know the reason, you can start collecting information and documents which can reverse the denial without the need for an appeal.
File within the deadline
If you do decide to appeal, it is important to act quickly after the denial and file your appeal. Florida law requires you to file your appeal within 30 days from the date of denial.
You could lose your appeal rights if you do not meet this deadline. Additionally, waiting to file could harm your case. You will wait longer to receive your benefits and key evidence in your case can weaken over time.
For example, health or financial situation may change, your witnesses might be unavailable or you could forget important details about your injury. Appealing your denial as soon as you can increases your chance of a successful outcome.
Next steps
Appealing your decision requires filing a petition with the Office of the Judges of Compensation Claims. You and your employer may be required to attend mediation to see if you can resolve the issue yourselves.
If mediation fails, you will be scheduled for a hearing before a workers’ compensation judge. This is your chance to provide testimony and evidence to show why your claim should be approved.
You can prepare for your hearing by gathering essential evidence. Common examples of evidence include medical records, accident reports and witness statements. Paystubs or other wage documents are also necessary to prove lost income.
Attending your hearing
Dress properly for your hearing and be on time. Have your witnesses ready and prepared to testify.
When testifying, always be honest. Do not lie to the judge or embellish what happened. Answer questions clearly and respectfully. Remember that your goal is to show that the work injury caused your medical issues. Be ready to show your medical records to back up your testimony.
You have a right to appeal a denial by a workers’ compensation judge. This process is slightly more complex. As with the initial denial, there are deadlines involved that you must meet to preserve your rights.
You are not in this alone
Workers’ compensation serves a valuable role in Florida, providing workers financial support to cover their medical bills and lost wages after a workplace injury. Workers’ compensation benefits allow you to focus on healing and recovery until you can get back to work.
Between deadlines, procedures and legal vocabulary you might not understand, the workers’ compensation appeal process can feel complicated. Having someone familiar with the process on your side can be valuable.
