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Did your employer deny you workers’ compensation benefits? Employees who were hurt on the job or became sick may need the experience of competent Delray Beach workers’ compensation lawyers to fight for their medical and disability expenses, as well as any income lost.
Our experienced attorneys have worked many cases in which employers or insurance companies denied employees their benefits. We offer a free consultation so that you can find out if your case is valid, and could review the facts of your injury or illness and explain the law involved without charging attorney fees unless your denial is overturned.
Generally, benefits can be denied for one of several reasons. The company’s chosen workers’ compensation physician may report that the injury could not have happened at work, the injury is not as severe as the employee believes, the injury was preexisting, or the employee did not see a doctor promptly. A physician’s negative opinion can lead to denied benefits.
Indeed, Florida’s workers’ compensation law requires that the injury occurs in the course of employment, whether at the employer’s building or in transit to and from work away from the employer’s premises. A worker who is in a traffic collision during a lunch break would not qualify.
Employees hurt while engaging in horseplay on the job can also be denied for misbehaving if the activity had nothing to do with their jobs. Employees who are injured while under the influence of alcohol or drugs while at work are not covered either.
Moreover, violating the procedure for claiming benefits could result in forfeiting benefits. For example, an employee who did not report their injury to the company or a supervisor—or when indications of illness first began within a specified amount of time—can be denied compensation. In Delray Beach, this period is 30 days. A person should contact Delray Beach workers’ compensation lawyer to gain a better perspective on the common reasons for benefit denials. Such information could be potentially used to build a strong civil case.
Employees can take legal action to attempt to reinstate their benefits, and may even attempt to handle it themselves without the benefit of legal counsel. However, this can place them at a disadvantage unless they have a thorough knowledge of the entire legal process involved.
To begin, an employee must file a worker’s compensation claim with the Florida Division of Workers’ Compensation within 30 days of the relevant incident in accordance with the law. If the claim is denied, the employee may enter mediation with the Florida Division of Workers’ Compensation in an attempt to resolve the issue. If mediation is not successful, the employee may file a Petition for Benefits that formally requests benefits be paid.
Next, a judge in the Office of the Judges of Compensation Claims will review the petition and decide whether or not to allow benefits or to dismiss the petition or any part of it. An employee’s last resort is to appeal to the First District Court of Appeals in Florida.
Speak with Delray Beach workers’ compensation lawyers to learn more about reinstating benefits.
Employees who are represented by lawyers knowledgeable in Florida’s workers’ compensation law stand a better chance at winning in a system that often favors employers.
The workers’ compensation lawyers at Kogan & DiSalvo know the system and could thoroughly prepare all the necessary documents to claim benefits and petition for benefits to be reinstated. Our attorneys could also represent you throughout the petition process if necessary. Do not hesitate to call today and get started on your case.
If you are injured and unable to come to us,
our attorney will come to you - there is no charge for us to do so.