When you get ready for work in the morning, the last thing you expect is to end up injured while performing your duties. However, this is an all too common occurrence for many. Regardless, you may file a workers’ compensation claim, only to find that it has been denied. If this reflects our circumstances, the following blog explores what you must know about these circumstances and how a Broward County work injury lawyer can help you appeal your workers’ compensation decision.
What Is Workers’ Compensation?
Workers’ compensation is a form of insurance employers carry that generally prevents them from facing a lawsuit against injured employees. This helps pay for the expenses a worker can incur if they are hurt or fall ill while performing their job duties. These benefits can cover medical costs, lost wages an employee endures while they take time off to heal, and funeral expenses.
In Florida, workers’ compensation is mandatory for most employers. However, the minimum number of employees required to carry the insurance will vary across industries. In general, all construction companies with one employee must have this insurance, while non-construction companies with more than four employees are required to hold workers’ compensation insurance.
If you wish to pursue compensation, you must take the proper steps. This includes alerting your supervisor, completing a report, and seeking medical attention from a company-approved doctor. However, if it is an emergency situation, you may seek immediate medical treatment at the nearest hospital, regardless of whether or not it is approved.
How Can I Appeal a Workers’ Compensation Decision?
If your workers’ compensation claim has been denied, it’s important to understand how to appeal. The first thing you should do is discover why your claim was denied. Most commonly, this is because your employer disputed the claim or you made an error when filing the form.
Your employer may try to dispute your file because having a claim on their insurance could raise their premium. As such, they may claim you were off the clock or the injury is because of a pre-existing condition. Additionally, an error with your application, such as failing to fill out the form in its entirety or forgetting to submit supplemental documentation, can lead to a denial of compensation.
If your claim is denied, you can appeal the decision by filing a petition with the appeals board. In the event the benefits are still denied, you can then try mediation. However, if this is ineffective, you will move to an official hearing.
When you sustain a work-related injury and want to pursue workers’ compensation, the most important thing to do is to enlist the assistance of an experienced attorney. Having a lawyer to guide you through the process of filing a claim can help you avoid getting your initial claim denied. However, if your employer disputes it, they are familiar with your case and can help you recover the compensation you are entitled to.
At the Finizio Law Group, we understand the complexities of workers’ compensation. As such, we will do everything possible to assist you through these challenging times. Contact us today to learn more about how we will fight for you.