What to Do If Your Jacksonville Workers’ Compensation Claim Was Denied
You’ve been injured at work and follow all of the procedures to claim workers’ compensation benefits. You tell your boss, you go to the doctor as the insurance company suggested. He tells you you’ve fractured your shoulder trying to lift heavy equipment at work.
While the system is supposed to be there to help you, sometimes it fails. Under workers’ compensation, you are supposed to receive money to pay your bills while you are out with an injury that happened in the workplace. However the process often takes much longer than it should and without time, deep pockets, and a lot of patience, it is the worker who suffers beyond his injury.
What To Do If Your Workers’ Compensation Claim is Denied?
And after all that waiting and patience, what do you do if your workers’ compensation claim is denied?
Ask yourself the following: Did you give your employer written notice of your injury within 30 days as required by law? Did you include medical documentation of your injury? Did you receive the required form from your employer to file the official claim? Did you meet the deadlines in filing claims? Was all paperwork completed?
Why Was Your Jacksonville Workers’ Comp Claim Denied?
Your claim may be denied because:
- Your employer denies you were injured on the job
- Your employer blames a preexisting condition for your injury
- You have been accused of fraud or misrepresenting your injury
Sometimes it is tempting to settle your claim prematurely just to get it over with. Remember, the insurance adjuster is directed to offer the lowest settlement amount with the expectation that there will be a negotiation or an appeal on the part of the injured worker.
When facing a denial, you and your attorney will file a petition for benefits and your case will be heard before the Judge of Compensation Claims. Mediation is scheduled within 40 days and you may be asked to submit additional documentation. A pretrial hearing is scheduled which can result in settlement talks. If the issue is still not resolved, a final hearing will be heard before a judge, who then issues a final decision within 30 days. The judge’s decision can be appealed with the First District Court of Appeals.
We Specialize in Workers’ Compensation Cases
Since 1979, Farah & Farah has been dealing with this sort of pushback by the insurance companies. Our staff will deal with your Florida workers’ compensation denial by tackling the reasons for denial one at a time. We will work as quickly as possible on the appeals process to prove your case and obtain what you are entitled to under the workers’ compensation statutes.
When necessary, we will take your case to court by filing a Florida Workers’ Compensation lawsuit. If we find a third party was involved in your injury, or the employer created a dangerous workplace you have every right to find a remedy in a court of law.
Get Aggressive Representation from a Jacksonville Workers’ Compensation Denial Attorney at Farah & Farah. Call 877-245-6707
With your bills mounting up and unable to work, you are already facing monumental obstacles to recovery. Our Jacksonville workers’ compensation attorneys will represent you and fight for you in court to obtain what you deserve and need to get on with the business of healing.