After suffering harm while on the job, your immediate concern should be on how to get better. You should be able to put all your focus into working to restore your body to the state it was in before your workplace accident. Ideally, you should not have to worry about your financial situation while you recuperate because you should be able to depend on your workers’ compensation benefits to help pay for your medical costs and replace your lost wages. Unfortunately, sometimes, workers do not receive any benefits, or they receive fewer benefits than they should. A Miramar Beach workers’ compensation appeals lawyer from Emmanuel Sheppard & Condon can help you seek your rightful benefits.
Why an Employee Might Seek an Appeal of a Workers’ Comp Claim
Employers might deny benefits to injured employees in an effort to minimize their costs. They might also want to discourage other workers from filing their own workers’ compensation claims.
If an injured worker receives a decision they do not agree with, they can file appeals on different grounds.
Denial of Claims
Employees can appeal if their employer’s insurance company outright denies their workers’ compensation claim. Some employers deny claims on procedural grounds, such as if the worker waited too long to report their injury. An employer might also try to argue that the worker has no legal right to workers’ compensation benefits because the worker is not an actual employee of the employer. Employers can also deny claims based on substantive grounds, such as by arguing that the employee did not sustain the injury while at work or because of their job duties.
Insufficient Benefits
Sometimes, employers’ insurance companies agree to pay insurance benefits to injured workers, but they do not pay enough. This can happen when an employer doubts the severity of a worker’s injuries or believes that the worker had a pre-existing injury.
Our seasoned legal professionals in Miramar Beach understand the disappointment and stress that can come with denied workers’ compensation claims. They can work closely with you to file the appropriate paperwork for an appeal.
Steps to Take in a Workers’ Comp Appeal
If your employer denies your workers’ compensation claim, they need to provide you with a written letter explaining why they denied your claim. Our diligent legal team can review the terms of the denial and search for the best legal strategy to move forward. Our proactive Miramar Beach workers’ comp attorneys will help you gather evidence to support your appeal.
Some of the supportive evidence that could bolster the strength of your claim could include the following:
- Medical bills detailing the cost of medical services provided relating to the work injury
- Medical reports, including a doctor’s examination report linking the cause of the injuries to the work accident
- Written notes and records by you detailing how the accident happened and the effect the accident has had on your life
- Contact information from witnesses, along with their statements explaining what occurred
Our lawyers will first demand a meeting with your employer and their insurance company to see if they can resolve the matter without involving the legal system. If the insurer is unwilling to agree, our attorneys will proceed with filing a Petition for Workers’ Compensation benefits with the appropriate Florida Office of the Judges of Compensation Claims on your behalf. We will represent you in any mediation or court hearings.
Work With a Miramar Beach Workers’ Compensation Appeals Attorney
The last thing you should have to do after suffering harm at work is to worry about how you are going to pay for your medical care. If your employer’s insurer denies your claim, you need to work with a legal team who knows how to fight back.
Put your trust in a Miramar Beach workers’ compensation appeals lawyer from Emmanuel Sheppard & Condon. Let us help you get the results you deserve. Call today to get started.
