Appealing Workers’ Compensation Claims

Appealing Your Workers’ Compensation Claim in Lakeland, Florida

If you suffer any sort of workplace injury in Florida, you should be entitled to workers’ compensation benefits. Your employer is required to carry workers’ comp insurance in case any of their employees get hurt while on the job. You can file a workers’ compensation claim in Lakeland, FL for all sorts of accidents and injuries, including:

  • Falls – If you fall and hurt yourself, it should be covered under workers’ comp. For instance, you may be carrying a heavy box in your company’s warehouse and slip and fall on a wet floor. If this is the case, you could suffer very serious injuries.
  • Carpal Tunnel Syndrome – Certain types of workers, such as card dealers and secretaries suffer carpal tunnel syndrome. This is from repetitive use of their wrists. After years of doing this kind of work, it’s common to suffer this injury or illness. Sadly, the only solution is surgery. If you need surgery to correct this sort of injury, it should be covered under workers’ comp in Florida.
  • Cancer or other serious illness – Depending on what kind of work you do, you may be exposed to dangerous substances. For example, people who worked in the dental industry were exposed to asbestos in different materials they handled. The same is true for firefighters in major cities. If you can show that you got cancer or another respiratory illness from exposure to asbestos, you may be entitled to workers’ comp benefits.

Regardless of the type of injury you’ve suffered at work, you should call and talk to an experienced workers’ comp lawyer in Florida. They’ll make sure your workers’ compensation claim in Lakeland is handled properly from the start. And, if your claim is denied, you can count on your attorney to file an appeal on your behalf.

How Does The Appeals Process Work For A Workers’ Compensation Claim In Lakeland, Florida?

The appeals process for workers’ comp claims in Florida is rather straight forward. Some people think this means they don’t need an attorney. And, while there’s no requirement that you be represented by an attorney, it’s a good idea to hire one. Your employer and their insurance company will certainly have a lawyer – maybe a whole team of lawyers. You’ll be at a serious disadvantage if you don’t have one. Regardless of whether you’re represented or not, the process works the same way.

Before you file a formal appeal with the courts, you do need to try to resolve the matter with your employer. You can do this yourself or hire one of our experienced workers’ comp lawyers to do it for you. If the insurance company refuses to pay your claim, then you’ll want to file a formal appeal to the Office of the Judges of Compensation Claims in Florida. To do this, you’ll need to follow the steps outlined below:

  • File a Petition for Benefits with the OJCC
  • You must file your petition within two (2) years. However, if your appeal is for medical treatment only, you only have one (1) year from the date of your accident to file this petition.
  • Your employer will be notified once the OJCC receives your claim. They’ll have fourteen (14) days to respond or pay your claim. If they fail to pay your claim, the court will assign a case number to your appeal.
  • Once your case number is assigned, the judge will have your attorney attend mediation.
  • If mediation doesn’t resolve your claim, you’ll attend a pre-trial hearing with a judge. After this, there will be an actual hearing scheduled within ninety (90) days. A final determination will be made at this hearing.

Call And Schedule Your Free Initial Consultation Right Away

With the COVID-19 pandemic affecting our country so bad these past few months, a lot of people think they have to put legal action on hold. That isn’t the case. Yes, the courts are putting a lot of cases on hold. But when it comes to workers’ compensation, it doesn’t necessary go through the court system. It isn’t until your workers’ compensation claim in Lakeland has been denied that it would ever reach this level. And, once that happens, you’ll want a skilled workers’ comp law firm in Lakeland, Florida by your side.

Even with the pandemic, you can still call and schedule your free initial consultation. We can meet with you online or by telephone. And, you can always forward copies of your documentation ahead of time. This way, your Lakeland injury attorney can review them before you’re scheduled to meet. Talk to one of our expert staff today and set up a date and time that works for you. The consultation is free, and you don’t pay anything until your case settles.

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