Miami Legal Tips Blog

5 Things to Do if You’re Denied Workers’ Comp

Slippery floor signIf you applied for workers’ comp and your claim was denied, that may not be the end of the process. You do have the right to appeal that decision. There are a number of reasons that your claim may have been denied. Here are the five things to do if you have an issue with a workers’ compensation claim being denied.

1. Contact an attorney

If you aren’t already working with an attorney, then calling a Florida attorney should be your next move. The process of creating an appeal to a workers’ compensation form can be very complicated. If you’ve already had your claim denied, then the situation is even more serious and you want to make sure that an attorney is there to help you. We can help you find the evidence you need, make sure that any missing pieces are filled in, and make sure that everything is filed successfully and on time.

2. Speak to the insurer

Contact the insurer of the workers’ compensation claim to find out why your claim was denied. In some cases, it’s something as simple as missing a single piece of paperwork, or a small mistake when filling something out.

3. Request a reconsideration of the appeal

If you have new info, then it’s possible that the insurer will hear your case again. You want to at least request that they reconsider the appeal.

4. File the necessary paperwork

You’ll need to fill out an application to appeal your claim. The specific type of your claim will have an impact on which form you need to fill out. For example, you may have to fill out an occupational disease form, while someone else may need to fill out an injury by accident. Make sure you’re aware of the deadlines so that you don’t miss them.

5. Get all the evidence you need

This isn’t a trial but in some ways you want to treat it as one. Make sure that you get all the evidence you can to support your claim. Depending on the case, this may include medical records, hospital bills, and witness statements. You may need security tapes, work logs, and other information from your employer.

Gilbert and Smallman is experienced in these cases. We know how intimidating it can be to try and figure it out on your own. You don’t need to. Call us today for a free legal consultation.


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