Denied Workers Compensation Claim: What Should I Do?

Most people seem to think that, if they get hurt at work, their employer will take care of them. They’ve read their company’s workplace accident policy. They’ve done everything they’re supposed to do, from reporting their claim to filling out an incident report. This is why most people are shocked when they find out their workers compensation claim has been denied. If they get hurt on the job, why would their employer deny their claim? This is one of the first questions a lot of our workers compensation lawyers in Florida hear when they first meet with a new client.

The important thing to remember is that just because your workers compensation claim was denied, that doesn’t mean you don’t have options. You’re a personal injury lawyer in Florida will file an appeal and take advantage of the administrative process to have your claim reviewed. If, at some point, it appears your workers compensation claim will not be approved by the insurance company, you can always pursue legal action against your employer. Before you do that, at least take the time to meet with the workers compensation lawyer in Florida and so you could take advantage of your free, initial consultation.

Contact a Lawyer as Soon as Your Workers Compensation Claim Is Denied

The same day you receive the notice informing you that your workers compensation claim has been denied, you should contact a workers compensation lawyer in Florida. Schedule your free, initial consultation, and get into the office as soon as possible. 

You don’t have a lot of time to file your initial appeal. You also don’t want your workers compensation claim to get stale. Every day that your claim remains denied is another day that you don’t receive benefits. You also need to make sure that somebody is covering your medical treatment. Your primary health insurance is only going to cover it for a certain period of time. When they realize that your injuries were caused by a workplace accident, they’ll expect your medical care to be covered by your employer’s insurance company. 

Rather than worry about all this yourself, you should just contact our office and retain one of our personal injury lawyers in Florida. They’ll take care of the administrative side of things for you while you focus on recovering from your injuries.

You’ll Need to File an Appeal Right Away

Of course, if your workers compensation claim is denied, you’ll want to file your appeal right away. The sooner your claim gets approved, the sooner you’ll start to receive benefits. Believe it or not, only about 10% of the workers compensation claims filed in Florida get denied. At some point, most claims are approved. Perhaps your employer didn’t have all the information they needed to properly evaluate your claim. Or the insurance company may have been hesitant to approve your workers compensation claim because they knew it would cost them a lot of money. 

Regardless of the reason for why your claim was denied, there is a good chance that your workers compensation lawyer in Florida will get it resolved. They’ll just need the opportunity to sit down with your employer’s attorney and negotiate payment of your workers compensation claim.

If Your Appeal is Denied, Your Personal Injury Lawyer in Florida Will Pursue a Final Hearing

As explained above, at some point, most workers compensation claims are approved. It may take longer than you’d like, but eventually it should happen. Your personal injury lawyer in Florida has years of experience handling workers compensation cases. They know how to deal with the insurance companies and aren’t intimidated by your employer’s attorney. 

workers compensation attorney in Florida

If your attorney can’t resolve your case during the initial appeal, they have the option of petitioning the Office of Judges of Compensation Claims for a final hearing. This will give them a chance to submit whatever evidence they have to prove your claim is valid. Your employer will also have a chance to submit whatever information they have to support their decision to deny your workers compensation claim. 

Once everything is laid on the table, the judge will make their final decision. Unless the defendant can show a valid reason for denying your workers compensation claim, there’s a good chance your claim will finally be approved.

If Need Be, Your Attorney Can File Suit on Your Behalf

Nobody ever wants to go to trial, even for a workers compensation case. However, if your workers compensation claim is still denied after your final hearing, your workers compensation lawyer in Florida will have no choice but to file suit on your behalf. 

Once the insurance company sees that your lawyer means business, they may be more amenable to settle. It costs a lot more to defend a lawsuit than it does to just pay the claim in the first place. 

It’s a Good Idea to Retain a Workers Compensation Lawyer in Florida Sooner Rather than Later

When it comes to workers compensation, we often encourage our clients to contact their office before they’ve even filed their initial claim. It’s important that your workers compensation claim not only be filed properly but that it’s handled properly by your employer and their insurance carrier. 

If your employer knows that you have a workers compensation lawyer in Florida, they’ll take your case a little more seriously. The insurance company won’t try to take advantage of you. And if you do have to appeal your claim, you have a better chance of it being approved if you have a lawyer by your side.

We suggest you contact our office within days of your workplace accident. Take the time to sit down with a personal injury lawyer in Florida and let them review your case. If they feel that your workers compensation claim should have been approved, they may be willing to take you on as a client. If they don’t think you have a case, they’ll be honest with you. If they do feel you are entitled to benefits, they’ll reach out to your employer and their insurance company and try to negotiate a settlement of your claim. If this doesn’t work, you can always file suit against your employer.