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
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.
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.