How To Appeal Denied Workers’ Compensation Benefits in Fort Lauderdale
Getting hurt on the job is stressful enough. Filing a Florida workers’ compensation claim and being denied only adds to the frustration, especially when you’re out of work, in pain, and counting on those benefits to make ends meet.
Fortunately, a denial doesn’t mean the end of your case. Our experienced Fort Lauderdale workers’ compensation benefits lawyer explains common reasons why insurers deny claims and how to file an appeal.
Common Reasons For Denied Workers’ Compensation Claims In South Florida
Under Section 440 of the Florida Statutes, workers are entitled to benefits when on-the-job injuries or occupational illnesses happen. These benefits are administered through insurance companies, which often look for reasons to deny claims.
Being denied workers’ compensation benefits in South Florida adds to the stress and financial insecurity you feel during an already difficult time. Common reasons for denied claims include:
- Missed deadlines, such as not reporting the injury within 30 days.
- Disputes over whether the injury is work-related.
- Lack of medical evidence and documentation.
- Preexisting conditions, which insurers may blame for your symptoms.
- Missing doctor appointments or not following their recommendations regarding treatment or activity restrictions.
If you receive a denial notice, don’t panic. You have the right to know why the insurer denied benefits and to appeal the decision through the appropriate legal channels.
Steps to Take When Appealing Denied Workers’ Compensation Benefits in South Florida
Being denied workers’ compensation in South Florida can jeopardize both your health and financial security. Fortunately, you have the right to appeal the insurer’s decisions. Steps you’ll need to take include:
- Carefully review the denial letter, noting the reasons provided by the insurer and the timeframes for responding.
- Request a copy of your file from the insurer, including the IME report and adjuster’s notes.
- Gather all supporting medical records and written statements from treating providers.
- File a Petition with the Office of the Judges of Compensation Claims (OJCC).
- Attend mediation or a hearing if the insurer still refuses to pay.
You have two years from the date of your injury to file your petition, but earlier is always better, especially when you are facing medical bills and lost wages right now.
You also have the right to get legal representation. Having an experienced Fort Lauderdale workers’ compensation lawyer on your side takes the pressure off, lets you focus on your physical recovery, and improves your chances of success.
Contact Our Experienced Fort Lauderdale Workers’ Compensation Benefits Lawyer Today
It is common for insurers to deny workers’ compensation in South Florida, but you have the right to file an appeal. At The Law Offices of David M. Benenfeld, P.A., our Fort Lauderdale workers’ compensation lawyer has over 30 years of experience helping injured workers and fights to protect your rights.
To get the benefits you are entitled to, call or contact our office online. For personalized client service, professional legal representation, and proven results, request a consultation in our Sunrise, Fort Lauderdale, or West Palm Beach office today.
Sources:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0440/0440ContentsIndex.html
jcc.state.fl.us/jcc/