Appealing a Workers’ Comp Denial

Personal Injury & Car Accident Attorneys Serving Fort Myers, Cape Coral, Naples & Nearby Southwest Florida

Posted: September 14, 2021
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Workers' Compensation Denial

Workers’ compensation is a type of insurance that is available to nearly all workers in the state of Florida. With very few exceptions, under workers’ compensation, you are entitled to benefits following any on-the-job injury or illness, regardless of the role you may have played in an accident. It is strange then, that close to 10% of workers’ compensation claims are denied – leaving these workers without the money they need for proper medical treatment and basic living costs while they recover.

Can You Appeal a Denied Workers’ Compensation Claim?

You can appeal a workers’ compensation denial for up to two years after the date of your injury. In the state of Florida, you can contact the Florida Employee Assistance and Ombudsman Office for assistance in appealing, though it may be ideal at this point to begin discussing your options with an attorney. Some claims require legal action, including a trial to resolve. Having a lawyer on your side helps ensure you are prepared for any eventuality.

Many workers’ comp claims face denial due to minor issues such as missing information or failure to meet certain prerequisites. Working with an attorney for your initial filing can help you avoid these issues and decrease your risk of facing a denial.

What Kind of Compensation Does Workers’ Comp Offer?

Workers’ compensation provides money for doctors’ appointments and related costs, including the cost of travel to and from appointments when appropriate. It will also provide 2/3rd of your weekly pay, helping you retain your housing and pay your bills while you recover. These benefits will continue until you have reached maximum medical improvement and are able to resume working.

In some cases, a personal injury lawsuit will make more sense than workers’ comp. When your injury was the result of someone else’s negligence, it is a good idea to consider a personal injury claim before filing for workers’ compensation. Talking to an experienced lawyer can help ensure you are aware of all of your options and that you are choosing the best path forward.

If you have been injured on the job, please call Kelleher Law at 833-546-3675 to schedule a free consultation and case review at our Fort Myers or Naples office today.