Boca Raton Workers’ Compensation Attorney Explains How to Appeal a Florida Claim Denial
So you were injured at work and filed a Workers’ Comp claim only to find out that you were denied. You begin to stress out wondering how you are going to take care of yourself let alone the needs of your family? Does this story sound all to familiar to you? We understand how difficult it can be when life hits you hard so we have included some tips here to help you appeal a denial for your Florida workers’ comp claim.
Fighting a workers’ compensation claim denial can be difficult at best.
If your workers’ compensation claim was denied you will need to file an appeal. The Florida Judges of Compensation Claims (JCC) oversee all claims. Florida Workers compensation appeals need to be filed with the First District Court of Appeal (DCA), which has jurisdiction over all workers’ comp claims.
Florida Workers’ Compensation Process
Florida reports over 99,000 job-related injuries per year. These on the job injuries most likely become workers’ compensation claims. Hopefully, these injured workers have reported their injuries to their boss before the thirty-day deadline. This deadline is very important because your workers’ compensation claim will most likely be denied if you wait too long. To appeal a workers’ compensation claim denial you will need to file a petition with the Division of Administration. Once you file you will receive notice to appear in a meeting with the Judge of Compensation Claims. This meeting is required to be scheduled before 40 days from the filing date. In most cases, you will most likely be ordered to be evaluated by an Independent Medical Examination which will asses the extent of your injuries. The next step is the Pretrial Hearing. During this hearing the petitioner will need to show how badly injured they are and make a strong case as to why they should receive workers’ compensation benefits. This is your opportunity to have a doctor testify to how badly you are injured and recommend a course of medical treatment. Once the judge hears all the evidence they will make a ruling in your case before the 30-day deadline. If your workers’ compensation claim is denied you will next need to file your appeal at the First District Court of Appeals. There are other solutions in settling a workers’ compensation claim dispute. One of which is through an Alternative Dispute Resolution (ADR) where they can mediate a solution that works well with both sides. The ADR has the ability to recommend workers’ compensation solutions that are less costly to the insurance company but allows the employee to resume an active role at the company
File a Workers’ Compensation Appeal
If you have gone through the workers’ compensation claim process and your benefits are still denied your only option left is to hire a Boca Raton, Florida Workers’ Compensation attorney to help you file an appeal. An expert workers’ compensation attorney can help you present your case to the First District Court of Appeal so you can get the benefits you deserve.
Free Consultation with a Boca Raton Workers’ Compensation Attorney
The Boca Raton, Florida Workers’ Compensation attorneys at The Broderick Law Firm have helped thousands of injury victims recover large settlements for their injuries, losses, and pain & suffering. Get your free case evaluation today by calling 1-800-333-3903 or emailing us.