What Should I Do If My Workers’ Compensation Claim Was Denied?
After a serious workplace injury in Florida, our experienced Sunrise workers’ compensation attorneys know how important it is to receive the workers’ compensation benefits you need, and we also understand how devastating it can be to learn that your application for benefits has been denied. We want to emphasize that there are many different reasons that a workers’ compensation claim in Florida can be denied, from a minor error in your application to a problem with the documentation provided by you or your employer. When your Florida workers’ compensation claim is denied, you should not assume that you will never receive the benefits you need and deserve after sustaining a serious injury in a workplace accident or being diagnosed with an occupational injury. Our experienced and compassionate workers’ compensation lawyers are here to help.
If you submitted a workers’ compensation claim and received a denial of benefits, you should take the following steps so that you can work toward obtaining the money you need for medical bills and lost wages.
Appeal Your Denial by Filing a Petition for Benefits
Applying for workers’ compensation benefits can be complicated, and even a seemingly minor error can result in your claim being denied. If you received a Notice of Denial from the Florida Division of Workers’ Compensation, you can appeal the denial. It is essential to know that the Notice of Denial is not the last step in the claims process and that you have the ability to appeal. Although there are some illnesses and injuries that are not covered under Florida law, many denials result from a lack of proper documentation or another error in the application.
To appeal your case, you will need to file a Petition for Benefits. You will need to file the Petition for Benefits with the Office of the Judges of Compensation Claims (OJCC), and it will be important to work with an experienced workers’ compensation lawyer to do this. Once you file a Petition for Benefits, a judge will be assigned to your case. Your case likely will go to mediation where you will be able to negotiate a resolution. If mediation is unsuccessful, your case will be heard before the OJCC in a hearing that will resemble a trial. The judge will make a decision about your case, and you will receive notice of the decision within 30 days.
Appeal Your Denial to the First District Court of Appeals
If the hearing before the OJCC results in another denial of benefits, you have another option for appeal: you can appeal to the First District Court of Appeals. At this stage, you will not be able to present any new evidence. Accordingly, it is critical to have an attorney on your side earlier in the process to ensure that all relevant evidence is part of the court record in the event you do need to appeal to an appellate court.
Contact Our Sunrise Workers’ Compensation Lawyers
If you applied for workers’ compensation benefits and received a Notice of Denial, our experienced South Florida workers’ compensation attorneys can evaluate your case for you today and can discuss options for appeal. We will work tirelessly to help you get the benefits you need. Contact the Law Offices of David M. Benenfeld, P.A. today for more information.