What Happens if Your Workers’ Compensation Claim Is Denied?
When you are at work, your employer is responsible for keeping your environment safe and warning you of any potential hazards. If you suffer injuries in a work-related accident, you have the right to file a workers’ compensation claim. However, your employer may deny your claim and leave you wondering if you can recover compensation for your damages. Our experienced team at the Law Offices of Scott Sobol can help you determine the best way to achieve a successful outcome.
With our 20 years of experience and extensive knowledge of workers’ compensation claims, you can rely on us to handle every aspect of your claim effectively. Our compassionate legal team strives to make the process as stress-free as possible by laying out your legal options in clear, concise terms. We want you to fully understand the decisions you need to make to get your workers’ compensation claim accepted.
What Should You Do if Your Florida Workers’ Compensation Claim Gets Denied?
If your workers’ compensation claim gets rejected, you can still pursue financial compensation for your injuries. Our knowledgeable team can help you take the following steps to appeal the decision and receive a fair settlement:
Determine the Cause of Your Claim’s Denial
The best way to identify how we should move forward in getting your claim accepted is to determine why your employer denied it in the first place. Common reasons for denying a workers’ compensation claim include the following:
- Delayed application: According to Florida Statutes 440.185, you must file your claim within 30 days of the accident to be considered for workers’ comp benefits. If you do not meet this deadline, your employer may deny your claim.
- Disputed injury: Your employer may deny your claim if they do not think your job directly caused your injuries. They may also argue a pre-existing condition caused your injuries instead of your working conditions.
- Illness not covered: Some conditions do not qualify for workers’ compensation benefits, so your employer may deny your claim if this is the case.
During your free consultation, we can help you identify the reason your employer denied your claim, if you can file an appeal and the actions to take to get your claim accepted.
If your employer claims you did not suffer your injuries due to a work-related accident or that a pre-existing condition caused your injuries, we can help you gather evidence that proves you suffered harm in a work-related accident. This evidence may include the following:
- Photos and videos of the scene and your injuries
- Surveillance footage
- Witness testimony
- Medical records and bills
- Statements from medical experts and other resources
Every workers’ comp claim is different, so we develop a customized plan to help you counter your employer or insurance company’s objections to your claim.
File an Appeal
When you receive the denial of your claim, you can begin filing an appeal with the help of a professional lawyer. While Florida gives you two years from the date of your injury to file the appeal, the process can be confusing, and you deserve time to focus on recovery. Our dedicated team can handle the appeal process for you by building a strong claim and presenting it before an administrative judge. While we do everything we can to settle your claim as swiftly as possible, we are prepared to take it to higher levels if necessary.
Reach Out to a Trusted Workers’ Compensation Lawyer at the Law Offices of Scott Sobol
If you have suffered injuries at work and filed a workers’ compensation claim, you may not know what to do if your claim gets denied. If your employer rejects your claim, you can still take action to receive compensation. However, this process can be confusing, so contact an experienced attorney to help. At the Law Offices of Scott Sobol, we have 20 years of experience working on workers’ compensation claims, so we have the skills and knowledge to take on your case.
We always strive to hold the liable party accountable and achieve the compensation you deserve, even if your employer denies your claim. We understand how to gather effective evidence to prove you qualify for benefits and advocate for your rights calmly and coherently. To schedule a free consultation, call (954) 440-2000 or fill out our contact form.
If you have been injured in a car accident due to someone else’s negligence in Florida, state law requires you to turn to your ...
Whether you get into a car accident, slip and fall on someone’s property, or experience medical malpractice, rarely is one par ...
How to File a DUI Injury Claim in Florida - 02/05/23
When driving on Florida roads, all drivers owe each other a duty to act carefully and safely. Unfortunately, many people neglect thi ...