If you sustained a serious injury while on the job, and you are unable to return to your job because of it, then you may be entitled to workers’ compensation benefits. Such benefits can help cover your hefty medical bills and your long-term lost wages, among other things. Though, you may come across the issue, much to your confusion, that your claim gets rejected. Follow along to find out why your workers’ compensation claim may get denied and how a proficient Tampa work injury lawyer at Merricks Law Group, P.A. can help you understand this.
Under what circumstances would my workers’ compensation claim get denied?
There are very specific parameters surrounding a workers’ compensation claim. So much so that the slightest error may cause your application to get denied. First of all, Florida law requires that you notify your employer of your work injury within 30 days of its occurrence. If you fail to meet this deadline, then you are allowing your employer to come forward to deny your benefits.
In addition, you must make it clear in your claim that your injury occurred while you were performing a job-related task. If this is not made apparent, then your employer may argue that your injury took place outside of work hours, while you were taking a break, or while you were horsing around. Or, they may even argue that you had a pre-existing medical condition that prompted the injury in question to arise.
Lastly, you must ensure that your illness or injury qualifies for workers’ compensation benefits in the first place, as surprisingly many do not. And so, your employer may attempt to deny your claim if they believe it does not meet Florida’s criterion for occupational diseases and injuries.
What should I do if my claim gets denied?
You must make yourself aware of why your claim got denied. If you conclude that the reason is baseless or based on incorrect information regarding your situation, then you must proceed forward with filing an appeal.
Your filing for an appeal will require you to attend a hearing in the presence of an administrative judge. If the administrative judge still does not believe that you are eligible for benefits, even after you presented evidence and made your argument, then you may take your appeal to higher levels.
Importantly, you only have 30 days from the date your initial workers’ compensation decision was mailed to file your first appeal. You do not want to miss out on this financial compensation that you urgently need to support yourself and your family during this difficult time. So, before it is too late, retain the legal services of one of the talented Hillsborough County personal injury lawyers.