Orlando Workers’ Compensation Denied Claims Attorneys
According to the Florida Division of Workers’ Compensation, more than 150,000 workers’ compensation claims are filed each year in Florida. Of these claims, approximately 70 – 75% are approved, while the remaining 25 – 30% are either denied or voluntarily withdrawn by the injured worker.
If you have been injured on the job in Florida, filed a claim with the Florida Division of Workers’ Compensation and your claim has been denied, it is important to understand your rights and options and take appropriate action. The experienced workers’ compensation lawyers at Van Dingenen Law can help determine why your claim was denied and whether you’re eligible to file an appeal. We can guide you through the appeals process and help you obtain the benefits to which you are entitled.
We have successfully secured benefits for many injured workers throughout Central Florida after their claims have been denied and know what evidence we need to strengthen your appeal. We will fight aggressively to get you the compensation you deserve.
Call us at 407-967-5377 or submit the FREE CASE EVAULATION form on this page to get started on your appeal. Our expert legal advice and services are free until we win your case.
Why Are Florida Workers’ Compensation Claims Denied?
If your workers’ compensation claim has been denied, you’re not alone; countless Americans have their workers’ comp claims rejected every year for some of the same reasons, many of which can be resolved easily. There are a variety of reasons why a Florida workers’ compensation claim may be denied. Some common reasons include:
- Failure to Report the Injury on Time
In Florida, you must report your workplace injury to your employer within 30 days of the incident. If an injury is not reported within this time frame, your workers’ compensation claim may be denied. Reporting your injury even just one day late can result in a refusal.
- Lack of Medical Evidence
In order to receive workers’ compensation benefits, you must provide medical evidence that your injury was caused by a workplace accident or condition. If there is insufficient medical evidence to support the claim, it may be denied. This is one of the most common reasons for denials, as it can be hard to determine if an injury is related to work. In these cases, you may need more medical records to prove that your injury qualifies for assistance.
- Pre-Existing Condition
If you had a pre-existing condition that was aggravated by a workplace injury, your workers’ compensation claim may be denied. In these cases, the insurance company may argue that the pre-existing condition, rather than the workplace injury, is the cause of the injury.
- Dispute over Causation
In some cases, an employer’s insurance company may dispute whether the injury was caused by a workplace accident or condition. If the insurance company argues that the injury was not work-related, the claim may be denied. Employers may also dispute claims filed by their employees. They may allege that your accident occurred outside of work hours, or that you were under the influence or disobeying office rules when you were injured.
- Failure to Follow Medical Treatment
If an injured worker fails to follow the recommended medical treatment for their injury, their workers’ compensation claim may be denied. This is because the insurance company may argue that your failure to follow treatment made your injury worse or delayed your recovery.
Claims are also denied when there’s not enough evidence to show that you are being treated by a medical professional for your injuries. This is why it’s important to have as much documentation of your accident and injuries as possible – if you haven’t filed a claim yet, hiring an attorney is beneficial and can prevent you from facing a denial.
If you have filed a claim and been denied, the experienced workers’ compensation attorneys at Van Dingenen Law can help you gather the evidence needed to make a strong appeal for your right to workers’ compensation benefits. Call us at 407-967-5377 or submit the FREE CASE EVALUATION form on this page to get started on your appeal.
How Can an Orlando Worker’s Compensation Lawyer Help When Your Claim Is Denied?
If your workers’ compensation claim has been denied, you may feel frustrated and unsure of what to do next. This is when a workers’ compensation lawyer can help. Here are some ways we can help you get through this difficult time and fight for the benefits you deserve:
- Reviewing Your Denial Letter and Advising You on Your Best Course of Action
We will review your denial letter and help you understand why your claim was denied. We can also advise you on whether you have grounds to appeal the decision.
- Gathering Additional Evidence to Support Your Claim
If your claim was denied due to a lack of medical evidence, we can work with your doctor to obtain the necessary documentation. We can also gather statements from witnesses or other experts to support your claim.
- Appealing the Decision
We can guide you through the appeals process. This may involve:
- Filing a petition: The appeal process will begin when you file with the Florida Division of Workers’ Compensation. This must be done in a timely manner, as you have a limited amount of time to respond after getting your initial denial.
- Protecting your rights during mediation: If the issue is irreconcilable, you may have a mediation hearing with the insurance company to resolve the matter. Our attorneys can prepare you for these informal meetings and represent your interests.
- Negotiating a fair settlement: In some cases, it may be in your best interest to negotiate a settlement with the insurance company. We will help you evaluate any settlement offers and negotiate aggressively on your behalf to ensure that you receive fair compensation.
- Representing you at a pre-trial hearing: If mediation doesn’t achieve desirable result, your case will be assigned to a workers’ comp judge, who will have a pre-trial hearing to learn more about your claim. It’s during this hearing, we will represent you and present compelling evidence to support your claim.
- Fighting for your rights at a final hearing: During the final hearing, we will provide powerful representation, presenting compelling evidence and witness testimonies and fighting for your right to fair compensation.
There’s a possibility that the judge will still issue an unfavorable ruling. If this happens, you have a legal right to appeal the ruling, but you have only 30 days to do so, and you must have legal assistance. Again, we will be well prepared to continue fighting for the full, fair compensation you deserve.
Our experienced workers’ comp attorneys have successfully secured benefits for many Florida clients whose claims have been denied. We know what evidence is needed to strengthen an appeal and how to navigate the system effectively. You can trust us to be aggressive in fighting for your rights and working tirelessly to get you the benefits you’re entitled to under the law.
Get the Experienced Legal Help You Need When Your Florida Workers’ Compensation Claim is Denied
Getting a denial does not mean your injuries aren’t serious or that your claim isn’t legitimate. In fact, there are many deserving claims that are denied for false reasons. This is where the appeal process comes in. After a denial, you have a right to file a formal appeal. Getting help from the trusted workers’ comp lawyers at Van Dingenen Law can help ensure you are well prepared to fight the denial and win.
We are totally committed to helping injured workers get the compensation they deserve for their work-related injuries. We will put our more than 60 years of experience to work fighting for your rights and helping you get all the benefits you are entitled to.
If your workers’ comp claim has been denied, don’t give up. Get the legal help you need to fight and win. Call us today at 407-967-5377 or submit the FREE CASE EVALUATION form on this page to get started.