Workers’ Compensation Denied? The Next Step
If you have suffered a workplace injury and have filed a claim for workers’ compensation, it may be discouraging and downright problematic if you find that your claim is denied. However, even after receiving a denial of your claim for workers’ compensation, there are still steps you can take to ensure you receive the compensation to which you are entitled. The first step is to figure out why your claim was denied.
Why Was Your Claim Denied?
You should receive a letter explaining the reason for denying your claim. Often, the listed reason is simply something like “failure to meet eligibility requirements,” which may not be very helpful in determining what went wrong. If your denial letter states something similar, one or both of these may have been the problem:
- Your Timing Was Off
In Florida, you are required to report your injury to your supervisor within thirty days and your claim must be filed by a deadline as well. Failing to meet these deadlines can result in the denial of your claim.
- Your Employer’s Account Shows You Are Ineligible
Not every injury that can be claimed to have occurred at or during “work” qualifies for workers’ compensation. If your injury occurred in a manner that was not strictly work-related, happened due to misbehavior on your part (or your employer alleged that it did), or resulted from a failure to follow workplace safety rules or state regulations, your claim could be denied.
- You Are Missing Documentation
In order to qualify for workers’ compensation, documentation, which could include records of the injury, medical examination records, date and time details, narrative accounts of what occurred, or financial information showing payments towards medical treatment, is required. If your workers’ compensation claim is denied, your claim may have been missing important information needed in order to secure your compensation.
- You Did Not Receive Medical Treatment
Generally, workers’ compensation covers only injuries that result in medical treatment for the injured person. If you did receive medical treatment for your injury, be sure (as noted above) that your claim includes the appropriate documentation.
- Your Injury Type Is Not Covered
The type and scope of injuries typically covered by workers’ compensation tends to be broad. But some types of injuries are more likely to face heavy scrutiny than others. Mental conditions such as depression and anxiety, the worsening of a preexisting condition, and stress-based conditions like carpal tunnel syndrome can be difficult to prove, and some courts remain divided even within the state on how to cover and prove these types of injuries.
Regardless of the reason for your denial, however, there still may be steps you can take to secure compensation. One of the best ways to ensure your claim is processed and reviewed properly is to work with an experienced workers’ compensation lawyer. At Barbas, Nunez, Sanders, Butler & Hovsepian, our Florida lawyers have experience in filing and even appealing denied workers’ compensation claims. If you have a workers’ compensation claim or have been denied, call toll-free at 1 (800) 227-2275 for a consultation today.
