Filing a Petition for Benefits in a Fort Lauderdale Workers’ Compensation Claim
You got hurt on the job in Fort Lauderdale, and your workers’ compensation claim is not going the way it should. Maybe your benefits were cut off without explanation, the insurer denied medical authorization, or you never received a payment you were owed.
There comes a moment when informal back-and-forth stops working, and you need to file a Petition for Benefits. Our experienced Fort Lauderdale workers’ compensation lawyer explains what this is and the process involved.
What a Petition for Benefits Is and How the Process Works in Florida
A Petition for Benefits initiates a legal dispute in Florida’s workers’ compensation system. Under Section 440.192 of the Florida Statutes, an injured worker files a Petition with the Office of the Judges of Compensation Claims when the insurer has failed to provide benefits or medical care that the worker is otherwise entitled to.
Common situations in Fort Lauderdale that may require a Petition for Benefits include:
- The insurer denies a specific medical treatment, surgery, or specialist referral and the pre-authorization dispute process has been exhausted.
- Temporary disability benefit payments are reduced, suspended, or stopped without a valid legal basis.
- The insurer fails to respond to requests for benefits or medical care within the timeframes required by Florida law.
- A dispute arises over the calculation of the worker’s average weekly wage, impairment rating, or determination of maximum medical improvement.
- The insurer disputes that the injury occurred on the job.
According to the Florida Division of Workers’ Compensation, once a Petition for Benefits is filed, the insurer has 14 days to either provide the requested benefits or file a response with the court. If the insurer does neither, the petition may be granted by default.
Filing a Petition for Benefits in Fort Lauderdale
Under Section 440.19 of the Florida Statutes, there are strict deadlines for filing a Petition for Benefits, and missing them can permanently impact your rights to benefits. Here’s what you need to know about the process:
- A Petition for Benefits must generally be filed within two years of when benefits were due or when you knew the benefit was being withheld.
- After you file a petition, the case goes to mandatory mediation.
- If mediation doesn’t work, a formal hearing is scheduled before a Judge of Compensation Claims, who has authority to order the insurer to provide the disputed benefits.
- The insurer typically pays legal fees, preventing injured workers from paying out of pocket.
To determine whether filing a petition for benefits is the next step, get professional legal help right away.
Contact Our Experienced Fort Lauderdale Workers’ Compensation Lawyer
Are you dealing with an insurer that has stopped paying benefits, denied medical treatment, or stopped responding to your claim? Our experienced Fort Lauderdale workers’ compensation lawyer can evaluate your case, determine whether a Petition for Benefits is the right move, and guide you through every step of the dispute process.
To request a consultation at our Sunrise, Fort Lauderdale, or West Palm Beach office, contact the Law Offices of David M. Benenfeld, P.A. today.
Source:
leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0400-0499/0440/Sections/0440.192.html