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Denied Workers Comp Claims in Tampa

It is disappointing and frustrating if you were injured on the job, filed for workers’ compensation, and received a denial of your claim. Your workplace injury has made performing your job difficult or even impossible. In addition to the loss of income, you are faced with medical bills and other expenses and may be unable to provide for your family.  

However, it’s important to remember that you can file an appeal. With an experienced workers’ compensation lawyer as your advocate from Kogan & DiSalvo, you can take action that gives you another chance to obtain the benefits you need and deserve. We fight for the rights of injured workers in Tampa, across Hillsborough County, and throughout the state of Florida. Call today for a free consultation.

Why Are Workers’ Compensation Claims Denied?

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Employers and their insurance providers use several tactics to deny or limit the workers’ comp benefits sought by their injured employees, which may include the following:

  • The injury did not occur on the job: For workers’ comp to apply, the injury must have happened while the employee was performing tasks related to their job. For example, if your supervisor asked you to run an errand and you were rear-ended in a parking lot at a mall, you would be eligible for benefits.
  • The injury was not as severe as reported: If your employer claims your injury is less severe than you reported, you may need to provide medical evidence proving your condition is serious and debilitating. Evidence from diagnostic tests, physician’s letters, and other sources can play a decisive role in overturning a workers’ comp denial.
  • Your claim lacks evidence: If there aren’t witnesses who saw the accident and you lack medical documentation, your employer may deny your claim based on lack of evidence. It is essential to seek medical treatment as soon as possible after a work accident because these records provide crucial documentation that substantiates your claim.
  • The injury is your fault: Workers’ comp is intended to compensate people who have been injured while performing their legitimate job duties. An employer may seek to deny a claim by arguing that the injury was sustained while the employee was under the influence of drugs or alcohol, fighting with a coworker, or engaging in horseplay.

No matter how adamantly your employer or their insurance company argues for a denied claim, the law protects injured workers–especially when the facts support your claim, and you have a skilled attorney handling your workers’ comp appeal.

What To Do After a Denied Workers’ Comp Claim

An injured worker strapped to a medical gurney while paramedics work on him

At Kogan & DiSalvo, we are skilled and experienced negotiators, and we may be able to secure payment of benefits without having to file a formal appeal.

If we cannot resolve the dispute, we will file a Petition for Workers’ Compensation Benefits with the Office of the Judges of Compensation Claims. While you can undertake this by yourself, you are much more likely to obtain a favorable result by enlisting the services of an experienced Florida workers’ comp attorney.

A skilled lawyer can do the following on your behalf:

  • Ensure that the required paperwork that is filed is complete and accurate.
  • Compile evidence that supports your claim, including medical documentation, work attendance records, eyewitness testimony, and evidence from surveillance cameras and other sources.
  • Help you obtain treatment from approved medical providers.
  • Call experts who can attest to the severity of your injury or medical condition.
  • Handle settlement negotiations.

A single mistake in filing a workers’ comp appeal can prove costly, leaving you without benefits or much less than you need to recover and remain financially solvent. With an experienced workers’ comp appeal attorney, you can maximize your chances of obtaining the full benefits you worked for and deserve.

Contact Kogan & DiSalvo for a Free Case Evaluation

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Has your workers’ comp claim been denied? Insurance companies often don’t fight fair. Even in a no-fault system, claims are often unjustly denied. Our team at Kogan & DiSalvo can help you navigate the workers’ compensation system and identify options for pursuing damages. We understand this is more than a legal issue for you—it is your life.

We are here to help you make informed decisions and get the compensation you need and deserve. To discuss your case, please call us today. Your initial consultation is free, and you don’t pay anything unless we achieve a favorable outcome.

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