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Steps to take after a compensation claim denial

On Behalf of | May 21, 2024 | WORKERS' COMPENSATION - Workplace Accidents |

Getting injured on the job can impact your life. When a workers’ compensation claim denial comes on top of that, it adds insult to injury. But do not lose hope; you have options under Florida’s workers’ compensation laws. Take these steps to appeal and protect your rights.

Filing for an appeal

Florida Statute gives 30 days after receiving a claim denial to request a hearing and appeal the decision. If you miss this deadline, your ability to fight the denial may be reduced. File the request through the state’s Office of the Judges of Compensation Claims.

Gathering supportive documents

Strong documentation boosts your chances of a successful appeal. Make sure to collect copies of the following paperwork:

  • Updated medical records detailing your work-related injury/condition
  • Reports from physicians linking your injury to workplace duties
  • Witness statements from co-workers about your accident
  • Expert opinions if the insurance company consulted one

You must also include employment records showing you followed proper reporting procedures after the accident. If you delayed reporting or did not report to the proper authorities, this may negatively impact the appeal.

Preparing for the appeals process

In the months before your hearing, ensure all documents are ready and witnesses receive their proper legal summons to testify. You may also want to practice answering questions about your injuries or work duty, as not everyone is confident enough to speak in a room full of people. At the hearing, remain honest and courteous and avoid exaggerations. The judge will make a new ruling to uphold or overturn the denial.

A compensation claim denial can be disheartening and the appeals process takes time, but perseverance pays off for valid claims. If you feel overwhelmed with the process, you may seek legal advice so they can help you understand what to do and possibly increase your chances of a fair settlement.