Weston FL Workers’ Compensation Lawyer
There are dozens of reasons why your workers’ compensation claim may be denied. Even if the facts of the case are on your side, insurers often deny claims for minor errors or administrative mistakes. Why? Insurance is a business. If insurers can get out of paying a claim, many will opt to do just that. Sometimes, administrative mistakes and other minor errors are easy to clear up. Other times, they require experienced legal guidance from a Weston, FL workers’ compensation lawyer.
If your claim has been denied, you have the option to file an appeal. Because the appeals process can be complicated, it is a good idea to seek help from a Weston, FL, workers’ compensation lawyer at Franks, Koenig & Neuwelt. Our team can help you navigate this process as efficiently and effectively as possible so that you get the benefits you’re entitled to in a timely manner.
Talk to the Insurer First
The reason for claim denial may have been a small error or omission. If that’s the case, you could potentially clear it up with a phone call to the insurance adjuster assigned to your claim. The adjuster can file an “internal appeal,” but results are not guaranteed. We are more than happy to have a member of our Weston, FL, workers’ compensation lawyer team take this step on your behalf. If this doesn’t solve the problem, it’s time to take more formal action.
Formal Appeal with the OJCC
The Office of the Judges of Compensation Claims is the agency in charge of your appeal. You’ll need to file a petition with the OJCC’s clerk of court, and do so within one year of your last medical treatment.
Your petition should include details about how the accident happened, what your injuries were, how much money you have lost as a result of the accident and which benefits you are seeking.
After the petition is filed, the OJCC will contact your employer (and the work comp insurer). The employer has 14 days to respond directly or through the insurer. There will likely still be a dispute over benefits, which will result in a formal hearing in a judicial setting. If, for some reason, neither your employer nor the insurer responds within 14 days of notification, the insurer is required to pay your claim.
Working with a Good Attorney Is Key
While the appeals process may sound relatively straightforward, things get much murkier when there are disputes about the details (large and small) of any given case. You’ll likely have a lot of questions, of which the OJCC can only answer some.
Moreover, none of the parties mentioned above can give you answers or advice in your best interests. In fact, your employer and the insurance company have a vested interest in ensuring that your appeal is unsuccessful so that they don’t have to pay for your claim or have a claim affect their premiums. For sound advice and answers in your best interests, you’ll need to hire your own attorney.
Contact Us For Answers And Legal Advocacy
Our practice is heavily focused on workers’ compensation matters, and we are proud to help injured Florida workers seek benefits. And we are ready to represent you from initial filing through all levels of appeal. To learn more about how we can guide you through this sometimes-difficult and frustrating process, call our office to arrange an initial consultation with a Weston, FL, workers’ compensation lawyer today. We look forward to speaking with you.
