Close Menu

When You Should Challenge a Denied Workers’ Compensation Claim


Workers in the Sunshine State sometimes find themselves injured in a workplace accident or fall ill as a result of their job. Many rely on Florida’s workers’ compensation system for the help they need in these unexpected circumstances. In an ideal world, this system allows injured workers to be able to quickly obtain benefits needed for expenses like medical treatment and lost wages. However, in other cases workers find out that their claim has been denied. The Florida workers’ compensation system is complex, and a claim could be turned down for any number of reasons. In addition, insurance companies, and even an injured worker’s employer, may work very hard to try to find a reason to deny a claim. The important thing in this scenario is that you have every right to challenge the decision.

These are some of the reasons why you should consider appealing your workers’ compensation claim following a denial.

You Began the Process On Time

Under Florida law, an injured worker generally has 30 days from the accident or being diagnosed with an illness to notify his or her employer of the workplace injury. If timely notice was not given in your case or you missed other deadlines, it is unlikely that your claim would be successful with another attempt.

You Were Injured at Your Work Site While Doing Your Job 

Overcoming a denial can be difficult if you were injured on your lunch break or while physically at the workplace but undertaking a personal task like smoking outside. However, you may have a very good chance of overturning a denial if you were actually working when the injury happened at the assigned location of your employment.

There is Objective Evidence

When there were security cameras pointed in your general direction at the time you were hurt or if other people were present to witness the incident in which you became injured, you have a much better chance of overturning the denial of your claim on appeal.

Get Legal Help 

You’re not required to have legal help to pursue workers’ compensation benefits. However, an experienced workers’ compensation attorney can be a powerful tool as you undertake this process, especially when you want to have an unfavorable decision reversed. And if you’re already worried about money, the good news is that your attorney won’t directly charge you for his or her services. Instead, your attorney’s fee will be paid out of a portion of your workers’ compensation benefits. Therefore, one of the best things you can do for yourself after suffering an occupational-related injury or illness is turn to an experienced workers’ compensation attorney early on who can help ensure that you have the right evidence to maximize your chances of obtaining workers’ compensation benefits whether you’re filing for the first time or appealing a decision.

We Can Help You Get the Benefits You Deserve

After you are injured, it is important that you inform your employer about the injury as soon as you are able to. After telling your employer and seeking proper medical care, you should reach out to a legal team you can depend on as quickly as possible. As the Miami workers’ compensation attorneys at Payer & Associates, we have a strong background in helping employees who have suffered work-related injuries successfully obtain workers’ compensation benefits. Even if your claim has been denied, don’t give up on the benefits you deserve. Instead, contact us for a free consultation as early in the claim process as possible to increase the chances of getting your claim approved.

Facebook Twitter LinkedIn