Miami Personal Injury Lawyer Blog
Every year, thousands of Florida workers seek workers’ compensation benefits after being injured on the job. The Florida Division of Workers’ Compensation (DWC) reports that around 48,500 individuals file workplace injury claims annually. Unfortunately, far too many employees are left fighting an uphill battle when they receive a denial.
However, a workers’ comp denial does not mean your case is over. You have additional options to keep your claim alive, and retaining a Miami workplace injury lawyer is crucial due to the complexities. Some information will help you understand what to expect.
Your Workers’ Comp Claim Was Denied in Miami — What Happens Next?
Florida law gives injured workers the right to challenge a denial through a formal appeals process. After receiving a denial notice, you have a limited window to act, however. The next step is requesting mediation through the DWC. If mediation fails, you may petition for a hearing before a judge of compensation claims.
Top Reasons Workers’ Comp Claims Get Denied
Your denial letter will contain valuable information to help you build a strong appeal, enabling you to fight back with documented evidence and legal support. Insurance companies in Miami look for any reason to reduce their liability, so they may cite such reasons as:
- Reporting the injury too late
- Failing to seek medical treatment promptly
- Inconsistencies between your reported symptoms and medical records
- Performing work that falls outside the scope of your job duties
- Disputing that the injury occurred at work.
Common Mistakes That Lead to Workers’ Comp Denials in Miami
Many denials stem from preventable errors. Delaying your injury report is one of the most damaging mistakes you can make. Florida requires workers to notify their employer within 30 days of an injury. Missing medical appointments or not following your treating physician’s orders gives the insurer grounds to question the severity of your injury.
It is also a mistake to post to social media about your physical activities. Photos and videos that contradict the existence of injuries can undermine your claim.
Deadlines for Appealing a Workers’ Comp Denial in Florida
You generally have two years from the date of your injury to file a petition for benefits. However, waiting too long after a denial can hurt your case significantly. Once you receive a denial, you should act within days, not weeks. Besides legal deadlines, delays also hinder the benefits you deserve. Count on a workers’ comp lawyer to help file the necessary paperwork, meet every deadline, and present your medical evidence effectively.
Set Up a Free Consultation with a Miami Workplace Injury Attorney
With important deadlines creeping up, it is essential to get legal help from an experienced lawyer after a workers’ comp denial in Florida. Gerson & Schwartz, PA, has decades of experience fighting for injured workers, so we understand Florida workers’ comp laws. We are prepared to build a compelling appeal that protects your right to benefits, so please contact us today. You can call (305) 371-6000 or go online to schedule your free consultation at our offices in Miami, Fort Lauderdale, or West Palm Beach, FL.
