What Are My Options If My Workers’ Compensation Claim is Denied?

For anyone who has been injured on the job and the injury is severe enough to prevent a full return to work, obtaining workers’ compensation benefits is usually essential. Indeed, injured workers throughout South Florida with temporary and permanent disabilities resulting from a workplace accident need workers’ compensation benefits to cover their medical care, prescription medications, and physical therapy when necessary. Injured workers also rely on workers’ compensation to provide a portion of their lost wages so they can continue to pay their bills and to stay on track financially during this physically and emotionally difficult time. As such, when a workers’ compensation claim is denied, it can be devastating.

What are your options if your workers’ compensation claim has been denied? First, we want to emphasize that you should not panic. You should get in touch with a workers’ compensation attorney in South Florida who may be able to help you obtain the benefits you have been counting on. Our firm can provide you with more information about how to proceed when a claim has been denied, and we can speak with you today about your specific case.

Work with an Attorney Immediately 

No matter which route you pursue concerning your workers’ compensation case, it is essential to begin working with an attorney as soon as possible. Your lawyer can help you to determine why the insurer is objecting to your claim and why your claim has been denied so that you can appeal. Timing is extremely important, so you should get in touch with a lawyer as quickly as possible.

Resolve the Problem Informally 

Depending upon the reason your benefits have been denied, your attorney may be able to help you resolve the problem before you need to file an official appeal. For example, if a critical piece of medical evidence was missing and you actually have that evidence, your lawyer may be able to remedy the problem without additional steps.

File a Petition for Benefits (an Appeal)

 You can appeal your denial. If you receive a Notice of Denial after seeking workers’ compensation benefits, you can appeal that Notice of Denial if you file what is known as a Petition for Benefits. You will need to do this within two years, but it is important to keep in mind that you will not receive benefits until you have successfully appealed.

Take Additional Appeal Steps 

If your Petition for Benefits is denied, there are additional appeals steps you may be able to take, which can include filing a subsequent appeal in court.

Contact a Pompano Beach Workers’ Compensation Lawyer 

Having your workers’ compensation benefits denied can feel devastating, but it is critical to remember that an initial denial is not the final word in your case. To be sure, you have options to appeal, and injured workers routinely appeal an initial denial of claims successfully. An experienced Pompano Beach workers’ compensation attorney at the Law Offices of David M. Benenfeld, P.A. can tell you more about appealing a denied claim, and we can begin working with you today on the appeals process. Contact us for more information about the services we regularly provide to injured workers and their families.

Sources:

flsenate.gov/Laws/Statutes/2017/Chapter440

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0400-0499/0440/Sections/0440.192.html

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0400-0499/0440/Sections/0440.191.html