Injured workers who experience a workers’ compensation claim denial may feel hopeless and overwhelmed. After all, a denied claim means that you may not be able to receive the financial assistance you need to make up for lost wages and medical expenses. Fortunately, there is still hope — here are some of the common reasons for a denial and what an injured worker can do in the event of one.
Reasons for a Workers’ Compensation Claim Denial
There are many reasons why your workers’ compensation claim may be denied. Some reasons may be legitimate, while others may be considered “bad faith”. Reasons include:
- Missed Deadline - Your claim may be denied if you waited too long after your accident or illness to file it. You have 30 days to report your injury or illness to your employer. After that, you have two years to file your claim.
- Missing Information - If your claim is missing details or contains insufficient information, it may be denied by the insurance company.
- Employer Disputes Cause of Injury - Sometimes, an employer may falsely argue that your workplace injury occurred offsite, off-the-clock and unrelated to the scope of your employment.
Appealing Your Denial
If you receive notification that your workers' compensation claim has been denied, you may be able to appeal the decision. This process is specific and involves multiple steps depending on the outcome of each round of appeals. An experienced lawyer can help guide you through this process by ensuring that all relevant documents are filed on time and by making sure that all necessary information is included in each appeal. In essence, the appeals process includes:
- Filing a petition to the First District of Court Appeal (First DCA).
- Presenting evidence of your injury or illness at a pretrial hearing.
- Navigating Alternative Dispute Resolution (ADR) to come to terms with your employer and the insurance company.
How a Hollywood, FL Workers’ Compensation Attorney Can Help
If your claim has been denied, the workers’ compensation attorneys at Rosenberg & Rosenberg, P.A. can help. Our attorneys will review the denial to determine why it was rejected and can advise you on how to proceed. We can guide you step-by-step through the appeals process and represent your interests throughout the entire process.
If your workers’ compensation claim has been denied, contact us today at (888) 499-6206 or fill out our form online.