It is possible that a worker’s compensation claim denial in South Florida could derail your right to receive compensation after you are hurt at work. When this happens, know that you have the right to seek a claim review. However, just submitting an appeal does not make it possible for you to show the board that you have a valid reason to receive benefits. There are proven, effective strategies for addressing denied worker’s compensation claims in Florida. Before you start the worker’s compensation appeal process, there are a few things you need to know.
If you are facing a worker’s compensation denial, do not hesitate to contact Workers Compensation Attorney Ara Gechijian at Ara Work Injury Law for guidance. Our team is here to help you determine what your rights are and how you can beat denials.
Understand Common Reasons for Denial
The first step is to know why you have denied worker’s compensation claims. This information will be provided to you on the documentation you received about the denial. It may not always be clear and easy to understand, but some of the most common reasons for worker’s compensation claim denial in South Florida include the following:
- Late reporting of your claim. You must report your claim within 30 days of the incident occurring. It is not always possible to beat this denial unless you can show you were unable to file a claim.
- Lack of medical evidence. Another reason you may be faced with a denial is a statement of lack of medical evidence, meaning there is no evidence that backs up your statement of injury from a recognized medical provider. If you did not go to the hospital or seek care from a doctor, this is a common reason for a denial of your claim.
- Disputes over the work you were doing. To file a claim, you must demonstrate that you were at your place of employment engaging in work-related tasks. The insurance company may attempt to deny your claim in situations where it cannot see proof that you suffered a true work-related injury.
Inquire about what was lacking in your claim. If there are simple mistakes, such as not completing forms accurately, that can make it clear what you need to do to appeal. However, we strongly suggest contacting a worker’s compensation attorney in South Florida now to protect your rights moving forward.
Promptly Report Your Injury
If you are hurt at work, remember that you have 30 days from the date of the accident to seek legal guidance. Delays here are a very common reason for denials. It makes it much harder to obtain evidence of your accident, and it may even become hard for your employer to know you were working that day.
As soon as you suffer an injury, report it to your employer. If you missed this deadline, speak to our attorney about filing a petition for benefits in Florida.
Seek Immediate Medical Attention
Worker’s compensation claim documentation must be robust. It must show that you were hurt at work and that you sought medical care for your losses. If you fail to do that, such as because you did not go to the doctor, it can lead to complications in receiving compensation.
Go to the doctor right away. Inform the healthcare provider at that time that you are seeking care for a work-related injury. Then, make sure to have proof that you took these steps, such as documentation of your medical care received.
Gather Comprehensive Documentation
The more documentation you have, the harder it is for the insurance company to deny your claim. It is a good idea to make copies of all of your records. Obtain worker’s compensation claim documentation such as:
- All relevant records of your medical care, such as from the emergency room, your doctor for follow-up care, and other documentation of your injury
- Accident details, including a written account of what took place, including specifically where within the building it happened, what you were doing, and why the incident took place
- Gathering witness statements from all parties that saw or could have seen what occurred to help document that the incident took place at work during work-related duties
Any other information that you have that can substantiate your claim is beneficial to have on hand to use for your appeal. Even if you are not sure what evidence may be available, your attorney can help you find anything available.
Consult with an Experienced Worker’s Compensation Attorney
A worker’s compensation attorney in South Florida becomes your advocate in these complicated cases. Not only will they help you to investigate your accident to build your documentation, but they will also give you insight into all types of compensation you may be owed.
Be sure you know your rights. Ask questions about your denial and what legal rights you have to take action to appeal the decision.
File a Petition for Benefits
If you receive a denial of benefits, you, with the help of your attorney, will file a Petition for Benefits with the Florida Office of Judges of Compensation Claims. This will allow you to initiate the formal appeals process for a denied worker’s compensation claim.
Prepare for Meditation and Hearings
Worker’s compensation mediation in Florida is an important resource. It enables you to get more hands-on experience with the insurance company. However, be sure to know that that party is not necessarily working for you. Having an attorney by your side can be critical.
Your attorney will help you navigate and prepare for the mediation. They will help you with formal hearing steps and aid in disputing any details that are not accurate.
Were You Injured At Work? Do You Have Denied Worker’s Compensation Claims?
Schedule a Free Workers’ Compensation Case Review
Having a denied worker’s compensation claim can be scary. We understand Florida’s worker’s compensation laws and we can help you with every aspect of the worker’s compensation appeals process. Contact Ara Work Injury Law now to request a free consultation. Provide us with information about your appeal. Then, let us go to work building your case for you. Call us at 561.934.3272 | 561.9343.ARA if you’ve been injured in a Florida work-related accident.
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