Claim Denials: Navigating The Workers’ Compensation Appeal Process

A denial may not be the end of your case. Denied workers' compensation claims are common. Injured workers have the right to appeal but there is a limited time to act. If you were hurt in an on-the-job accident, it is important that you know your rights.

Unfortunately, employers and their insurance companies may care more about protecting profits rather than taking responsibility for injured workers. If your employer denied your workers' compensation claim after an on-the-job injury, the attorneys at Walborsky & Bradley, PLLC, can guide you through the appeal process.

Notice Of Denial

For Florida employees eligible for workers' compensation benefits, the first step towards securing benefits is reporting the incident to the employer who then reports it to the workers' compensation insurance carrier. After reporting the injury, most employees receive a packet outlining benefits coverage. However, when the insurer sends a notice of denial, the injured employee can appeal the decision.

Appealing A Claim Denial

Before formally appealing, your lawyer can attempt negotiations with your employer and their insurer, but if negotiations fail you can move on to the appeal. The appeal process begins with filing a petition for benefits. Once you file a petition the court assigns a judge to the case. The judge may order mediation as a first attempt at a resolution. If you cannot reach an agreement with your employer the case moves on to a hearing.

Much like at a civil trial, both sides will present evidence and testimony to support their stance. Within 30 days of the hearing, the judge will either approve or deny your request for workers' compensation benefits. If the judge denies your benefits, you can appeal the judge's decision at the appellate level.

Get The Appeal Process Started

If you received a notice of denial, there is still hope. Do not let a workplace injury thrust you into financial hardship. Let us help you get the benefits you need. Schedule a free case evaluation at our Panama City office by calling 850-250-4252 or 800-800-8539. You can also reach our office online.