What Should I Do If My Workers’ Comp Claim Was Denied In Tampa?
As an American worker, you might assume that you have certain rights. One of your most important employment rights is the protection from dangerous workplaces. If you do suffer an injury on the job, then the US government still guarantees you compensation. Or do they? What happens when you receive a letter saying that your workers’ comp claim has been denied? What happens if those rights you thought you had suddenly seem meaningless? How can you pay for your medical expenses, missed wages, emotional distress, and other damages?
Find Out Why Your Claim Was Denied
One of the first things you should do is find out why your claim was denied. Claims may be denied for a number of reasons, and sometimes these aren’t clear. The fine print and the “legalese” on your Notice of Denial can be difficult to decipher, which is why you might want to go over your claim with a qualified workers’ comp lawyer. That being said, you should know that there are only a few valid reasons to deny a workers’ comp claim:
- You didn’t report your injury in time
- You didn’t file your claim in time
- The employer has disputed your claim
- Your injury doesn’t “count” according to workers’ comp laws
- You didn’t get medical treatment for your injury
- You didn’t provide enough evidence
Find Out Whether You Can Dispute the Denial
Sometimes, you just can’t dispute a denied claim. For example, you might have missed certain time limits or deadlines. But there are many ways in which you can dispute other denials. For example, your employee might claim that your accident took place outside of working hours – even though you have evidence that you were “clocked in” at the time. A lawyer can easily help you gather sufficient evidence to appeal your claim and get approved.
Taking the Necessary Steps in Florida
In Florida, you must follow specific steps when disputing a denied workers’ compensation claim. This includes filing a “Petition for Benefits” within two years of the alleged injury. You must file this petition with the Office of Judges of Compensation – also known as the “OJCC.” This appeal will then be forwarded to the insurance carrier. Faced with your appeal, your employer’s insurance provider can either agree to pay your benefits or deny your claim once again. If necessary, you can take this matter to the highest courts if you face continued denials.
Get in Touch With a Qualified Workers’ Comp Attorney in Tampa
The most important step when facing a denied workers’ compensation claim is to get in touch with a qualified Tampa workers’ compensation attorney. Book your consultation with Franco Law Firm today and immediately get started with a solid action plan. We’ll fight for your employment rights and the compensation you’re legally entitled to. Get in touch today, because there are strict deadlines when it comes to filing petitions and appealing denied claims.
Sources:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0400-0499/0440/Sections/0440.192.html
jcc.state.fl.us/jcc/
