Why Was My Workers’ Compensation Claim Denied?
When you have sustained a workplace injury in the Tampa area and you have attempted to obtain workers’ compensation coverage, it can be devastating to learn that your claim has been denied. As a worker in Florida, you should not have to fear that you will suffer a work injury that prevents you from returning to your job without any source of compensation. Yet workers’ compensation claims can be denied for a wide range of reasons. The good news is that, for most injured workers, it is possible to appeal a denial of workers’ compensation benefits. With assistance from a Tampa workers’ compensation attorney, you may be able to obtain the benefits you need upon appeal. In order to get started on an appeal, you should get in touch with a workers’ compensation lawyer in Florida as soon as possible. For now, our firm can provide you with more information about some of the reasons that workers’ compensation claims are denied and how the issues may be corrected upon appeal.
Insufficient Medical Evidence
In order to be eligible for workers’ compensation benefits in Florida, the Florida Division of Workers’ Compensation requires you to submit medical evidence in support of your case. Typically, medical evidence must include any medical records from your initial visit with a health care provider following the workplace accident and injury, as well as any follow-up treatment you have sought from an approved provider. In most cases, you must submit all of these medical records in order to be eligible for coverage.
Sometimes claims are denied because an injured worker failed to submit all required medical documentation or forgot to submit certain important materials. Upon appeal, you can submit additional medical evidence to support your case and to obtain the benefits you need.
Failure to Report the Work Injury Within 30 Days
Florida workers’ compensation law requires injured workers to report a workplace injury to their employer as soon as possible, but at least within 30 days from the date of the injury. If you failed to report your injury to your employer within this time window, your workers’ compensation claim likely will be denied. In order to obtain workers’ compensation coverage after missing the timetable for reporting the injury, you will need to work with a Tampa workers’ compensation attorney to determine whether your case may fall into one of the exceptions identified by the Florida Statutes.
Lack of Evidence That Your Injury Arose Out of Your Employment
When you seek workers’ compensation benefits in Florida, you will need to be able to provide evidence to show that your injury arose out of your employment. If your claim lacked evidence to show that your injury happened at work or occurred in the course of your employment, your claim would have been denied. If you can show that your injury was work-related, you can appeal and may be able to obtain benefits.
Contact a Tampa Workers’ Compensation Lawyer
If you need assistance appealing a denied workers’ compensation claim or need assistance seeking initial benefits, one of the experienced Tampa workers’ compensation attorneys at the Franco Law Firm can help you.
Sources:
myfloridacfo.com/division/wc/Employee/default.htm
leg.state.fl.us/STATUTeS/index.cfm?App_mode=Display_Statute&URL=0400-0499/0440/0440ContentsIndex.html
