Appealing Workers' Compensation Protecting The Rights Of Employees Statewide

Appealing a Workers’ Comp Claim Denial in Miami

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Many occupations carry their own risk of injury, particularly outdoor professions. Loggers, for example, have one of the highest workplace fatality rates in the United States. However, while the majority of claims are paid by employers and workers’ comp insurance companies, some valid requests will be denied.

Workplaces will deny claims for some of the following reasons:

  • You filed too late.
  • No one else witnessed the accident.
  • Insurance doesn’t cover your injury.
  • Your employer doesn’t want to pay.

If this has happened to you, your next step will be to defend your rights as a laborer and appeal the decision.

How Appeals Work

In Florida, you must first try and resolve the rejection with the insurance company. If you’ve contacted the company and they continue to deny liability, you can then start a formal appeals process. The best way to do this is to contact an experienced Miami workers’ comp attorney who knows what paperwork to file and by when. In order for your needs to be met, you or your lawyer must send a Petition for Benefits to the Office of Judges of Compensation Claims. They will assign your case a number, and, within 130 days, your mediation hearing will commence.

The hearing is an informal meeting. A third, neutral party will listen to your attorney and the insurance company’s attorney. He or she will then try and help you resolve the problem. If neither side comes to a resolution, a judge will then preside over your case. Because the judge will schedule a pretrial hearing, you will want an experienced representative who knows which evidence will best convince the judge of the validity of your claim. A lawyer will also be able to save you time by submitting a written statement to the judge so you don’t have to attend the pre-trial.

A final hearing will happen within 90 days after the pretrial. Your attorney and the legal representative from the insurance company will both present evidence and testimony for both sides. The judge will take everything into account and give a written decision within 30 days of the hearing.

Let Us Represent You

If you’re ready to begin fighting for your rights, contact one of our Miami workers’ compensation lawyers at Touby, Chait & Sicking, PL. We have more than 100 years of experience in these kinds of cases, and we are dedicated to protecting the rights of Florida workers.

Contact us today or fill out our online form for a free case consultation.

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