If you are injured or become ill while on the job, you may be entitled to compensation. In Florida, most employers are legally required to carry a particular type of insurance coverage known as workers’ compensation. This type of coverage provides cash benefits for medical care, wage replacement, and permanent disability for employees who suffer job-related injuries. If you sustain a job-related injury, you may file a workers’ compensation claim. However, your injuries must be reported to your employer within 30 days of the incident that caused your damages. Unfortunately, in some cases, your claim may be denied or you may not receive sufficient funds. When this is the case many wonder whether they can appeal their award. Keep following along to learn whether those suffering from job-related injuries can appeal a workers’ compensation award. In addition, contact our experienced Orlando Workers’ Compensation Attorneys who can help you understand your legal options moving forward.
How do I appeal a workers’ compensation award in Florida?
In some cases, workers’ compensation awards are denied. There are several reasons they may be denied including not having enough evidence of the injury being job-related, a claim not being filed within a certain timeframe, the injuries weren’t reported soon enough, or the employer disputes the claim. In other cases, you may believe your weekly wages have been calculated incorrectly which has resulted in insufficient funds.
After a denial, you are entitled to file a formal appeal with the Florida Division of Workers’ Compensation. Once you have filed your appeal, there will be a mediation hearing. A mediation hearing is a session where you meet with the insurance company to resolve the issue. If mediation fails, the appeal process will proceed to a pre-trial hearing. At a pre-trial hearing, a judge will evaluate your claim. During this process, you will present pertinent evidence that supports your claim and demonstrates that you should receive benefits for your job-related injuries. The final hearing is when the judge rules on the verdict on whether to award you workers’ compensation benefits. Depending on the specific circumstances of your case, the judge may rule unfavorably. If you believe the judge has wrongly denied you after your final hearing, you are legally entitled to challenge their ruling. If you wish to contest the judge’s final ruling you must do so within 30 days of the verdict. Ultimately, you can appeal a workers’ compensation claim if you believe you were wrongly denied or if you believe you have not received sufficient funds.
In the unfortunate event that you or a loved one have suffered a job-related injury, please don’t hesitate to get in touch with one of our determined attorneys. Our firm is committed to helping our clients appeal their workers’ compensation awards. Allow our skilled attorneys to fight on your behalf today!