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If you have been injured on the job in Florida, your employer is responsible for paying you workers’ compensation benefits to cover your medical bills and a portion of your lost wages. If your employer’s insurer has denied your claim, you may feel betrayed and worried about your financial future, but this is not the time to despair. The law offers hope and the chance to appeal your denied workers’ comp claim.
A Lakeland workers’ compensation appeals lawyer at Kogan & DiSalvo can help you make the most of this opportunity. We are trusted legal allies for injured workers in Polk County and throughout Florida.
Reach Out to a Workers Comp Lawyer
Before you appeal your workers’ comp denial, you have a chance to resolve this matter with your employer outside of the court system. You may wish to obtain legal counsel for these negotiations.
With a skilled workers comp lawyer in Lakeland arguing on your behalf, you may prove successful at this stage, receive the benefits you deserve, and not have to engage in further legal action.
If your employer does not agree to a reasonable settlement offer, however, you can move on to the next stage of the appeals process.
Starting Your Workers’ Comp Appeal
The next step in a workers’ compensation appeal is to file a Petition for Benefits with the Judges of Compensation Claims (OJCC). At this point, a judge will likely require that you try to resolve the dispute with your employer through mediation.
In mediation, a neutral third party works to help disputing parties resolve their conflicts. In a workers’ comp appeal, the mediator will review all of the paperwork concerning your claim and Petition for Benefits, and work with both sides to find common ground.
The questions you must contend with in mediation are: What is fair? When is it in your best interests to accept a mediator’s resolution and when should you reject it and keep fighting?
Equipped with deep knowledge of Florida workers’ compensation laws and the facts involved in your case, a Lakeland workers’ compensation appeals lawyer at our firm can help you answer these difficult questions and move forward.
Moving on to Hearings and Court Appeals
If mediation fails to deliver the desired result, you may next schedule a hearing with the OJCC. In this hearing, you will have the opportunity to present evidence and testimony that supports your claim.
An experienced workers’ comp attorney knows what type of evidence is likely to sway the opinion of the judge in your favor. This evidence may include:
- Documentation of your medical treatment
- Testimony from medical experts
- Eyewitness testimony from coworkers or other people who witnessed your accident
Within 30 days of this hearing, a judge will issue a final order based on the merits of the evidence presented by both sides of the dispute.
If you do not receive a favorable result at this stage in the appeals process, you still have one chance remaining.
First District Court of Appeals
In this final stage of the workers’ comp appeals process, the First District Court of Appeals will review the record of your case and the brief your attorney has filed on your behalf. The more thoroughly and carefully your lawyer has handled all of the preceding steps, the more compelling argument you can present in this final appeal.
Avoid Costly Mistakes
As valuable as your worker’s comp benefits are, you want to do everything in your power to obtain them and to make the Florida workers’ comp appeals process work for you.
Mistakes that may make it more difficult to obtain your benefits include:
- Declining medical treatment: The impulse to “tough it out” and recover on your own is understandable, but when appealing a denied workers’ comp claim, medical evidence is of the utmost importance. Obtain treatment as soon as possible, continue receiving treatment, and follow your doctor’s orders. This is not only important for your health, but also the strength of your position in hearings and appeals.
- Delaying: Strict timelines apply at every stage of the workers’ compensation appeals process. Talk with a knowledgeable lawyer about your issue as soon as possible to avoid missing a deadline that will derail your appeal.
With a skilled attorney on your side, you can avoid mistakes that would otherwise deprive you of the benefits you need and deserve.
Talk With a Lawyer Who Knows the Florida Workers’ Comp Appeals Process
Appealing a denied workers’ compensation claim can be a complex and arduous process, but you don’t have to face it alone. The Lakeland workers’ compensation appeals lawyers at Kogan & DiSalvo are here to handle all aspects of this process on your behalf so you can focus on recovering from your job-related injury. We understand that this is not just a case—it is your life. And we are prepared to help.
Contact us today to arrange a free legal consultation with an experienced member of our team.
