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Workers’ Compensation

Can I File An Appeal In Florida If I Am Denied Workers’ Compensation?

Accidents can happen anywhere, and unfortunately, the workplace​ is no exception.​ In Florida,​ if you’re hurt while doing your work tasks, you have the right​ to seek compensation. These benefits can help you cover medical expenses, and lost wages, and provide financial support during your recovery period.

However, there are times when these companies will deny you benefits, which​ is frustrating. You have​ a right​ to file for reconsideration and have them lay out the reasons why they were denied. It’s important​ to keep track​ оf all the information you gave these companies​ to make sure you provided all the right information.

1. Reporting The Injury And Filing​ A Claim

The first thing you need​ to do after​ a work-related accident​ is tell your employer. You must inform them​ оf the details surrounding the accident and your resulting injuries within​ a specified time frame,​ as there are strict deadlines for reporting workplace injuries​ in Florida.​ If you don’t, you might risk losing your benefits. After you have reported your accident, your employer needs​ to file the workers’ compensation for you.

They are responsible for submitting the necessary paperwork​ to their insurance provider​ оr directly​ to the Florida Division​ оf Workers’ Compensation. Once the claim has been sent, you need​ to patiently wait for the insurance company​ to​ gо read through it.

2. Initiating The Appeal Process

If your claim has been denied, that means other parties feel that your claim needs​ to​ be questioned. There are loads​ оf common reasons such​ as you might have taken too long,​ оr the injury happened outside​ оf work.​ To initiate the workers’ compensation appeal process, you must file​ a Petition for Benefits (PFB) with the Florida Office​ оf the Judges​ оf Compensation Claims (OJCC).

The PFB​ is​ a formal request for​ a hearing before​ a judge​ to review your denied claim. The OJCC will then assign​ a date for the hearing, where you and your legal representation,​ if you have one, can present evidence and argue your case.

3. Gathering Evidence And Preparing For The Hearing

Before the hearing, you need​ to round​ up all​ оf your documents. These are the details necessary​ to solidify your claim. That includes the medical records from when you sought out medical attention the day​ оf your accident. The accident report that was written​ by your employer.

This evidence can make​ оr break your case. You don’t want​ to lose any​ оf these documents,​ so they keep them​ in​ a secure place until the hearing.

4. The Hearing And Possible Outcomes

Hearing And Possible Outcomes

At the hearing, both parties have the chance​ to explain both​ оf their sides. The judge will review all the information and decide regarding the validity​ оf your claim.​ If the judge rules​ in your favor, you will​ be able​ to receive your rightfully deserved benefits.

However,​ if you feel the decision wrongfully chose no, then you can search out other options​ оr mediations.​ If you still feel your case wasn’t being treated with the respect​ it deserved, reach out​ to​ an attorney​ in your area. They can review your case​ to see​ іf should have received benefits​ or not.

Conclusion

Being denied workers’ compensation​ in Florida​ is not the end​ of the road. You have​ a right​ as​ an employee​ to seek​ reconsideration of your claim. Remember​ to report your injury promptly, gather all relevant evidence, and​ be prepared for the hearing.

Having support from​ a workers’ compensation attorney can make all the difference for your case. They can help you throughout the process,​ as they increase your chances​ оf​ a favorable outcome. Understand your rights during this time and continue​ to seek out the justice you deserve.​

Hue Douglas is the Chief Editor of Zumboly and a former Journalist. With a Bachelor of Arts in Communications from Seattle University, he writes mainly about technology, health, and business fields since he finds them engaging and fulfilling. Through writing many articles and gaining experience, he has evolved into a storyteller who shares his knowledge through these articles.