When you are injured or fall ill as a result of your job duties, including
repetitive trauma injuries like carpal tunnel, you are most likely eligible
to receive workers’ compensation benefits. Workers’ compensation
is designed to pay your medical bills and even receive part of your wages
to continue to support your family while you are disabled because of your job.
However, workers’ compensation claims are expensive and a huge financial
burden for employers, so it’s not unusual for employers to fight
back against them. This means your claim might be denied, even though
it could be completely legitimate. So what are your options for ensuring
you get the compensation you both need and deserve?
Common Reasons for Denial
Not Filing On Time
Florida law states that you must file your claim within a certain amount
of time to be eligible to receive workers’ compensation benefits.
How long you have to file your claim depends on your condition. While
injuries must be reported to your employer within 30 days, sicknesses
or long-term conditions must be reported within 30 days of receiving your
diagnosis. If you don’t file within the allotted time, your employer
is no longer liable to pay for your treatment. This is designed to prevent
abuse of the system by claiming compensation for injuries that happened
many years prior and have a debatable impact on your current life, or
can be made worse by leaving it untreated.
If your injury occurs at work but while you are in a non-working capacity,
your employer may dispute the injury and say it was not work-related.
Likewise, they can dispute that the injury you are claiming had anything
to do with the accident you were involved in. Employer disputes extremely
common, so it’s important that you keep all evidence that supports
your claim, including evidence of the accident and medical diagnosis paperwork.
Appealing a Decision
When you file a claim, you should receive a letter discussing whether your
claim has been accepted or denied. If your claim is denied, the letter
will give the reason for the claim denial. Make sure you read this letter
carefully, as it will also list any appeal deadlines.
If your claim was denied for a simple reason, such as a paperwork error,
rectifying the issue will usually allow your claim to be accepted. However,
this is fairly rare and odds are you’ll need to go through the appeals process.
Your appeal will most likely include a hearing before an administrative
law judge during which you will present evidence in support of your claim
and the existence of your condition. This means you will need paperwork
supporting your condition from your physician. It’s highly advised
that you seek treatment from a doctor who regularly deals with workers’
compensation claims, as they’ll be well aware of the laws and requirements
pertaining to claims and appeals, and will be able to easily provide you
with the documentation and support you need.
If your claim has been denied you should also speak with an experienced
Martin County workers’ compensation attorney. At
Lauri J. Goldstein & Associates, we have over 75 years of experience protecting those who have been injured
or become ill as a result of their occupation, including representing
their best interest throughout the appeals process. We firmly believe
in protecting your rights, and we are not afraid to take your case as
far as we need to in order to get you the resolution you deserve.
Call Lauri J. Goldstein & Associates, PLLC today at 866-675-4427 and
ask to receive a
free case evaluation!