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Appealing a Denied Workers’ Comp Claim

Miami-Dade County Workers’ Compensation Lawyers

You were injured at work, you filed a workers’ compensation claim, and now that claim has been denied. What can you do to ensure you receive the benefits you need?

The first step is to contact the Miami-Dade County workers’ compensation lawyers at Morales & Cerino. We offer a free, confidential consultation to discuss your denied claim and to proceed. There is no risk and no obligation to use our legal services. At the very least, you can find out what steps you can take on your own to appeal your denied workers’ comp claim. Or, you may decide that working with an attorney is your best option to recover fair, complete benefits. In either scenario, you can count on our honesty and support.

To schedule your free consultation, call us at (305) 340-2630. Helping injured workers is what we do.

How to File a Workers’ Compensation Appeal in Florida

You have the right to appeal a denied workers’ compensation claim. A denial may occur if your employer’s workers’ comp insurance company believes that your claim is invalid for some reason, such as an injury that is not truly work-related. You have the right to challenge this denial, and the first step in the formal appeals process is mailing or facing a Petition for Benefits to the Clerk of the Office of the Judges or Compensation Claims (OJCC).

A Petition for Benefits form must include:

  • Information about your claim
  • Details about the accident/injury itself
  • The nature of your injury
  • What benefits you are claiming
  • Information on any wages or other earnings you have lost

Your best course of action is to file an appeal as soon as possible after you are informed that your claim has been denied. In theory, you have two years from the date of your injury to file an appeal, but you may only have one year to file if you are appealing a specific benefit. A Miami-Dade County workers’ compensation appeal attorney at Morales & Cerino can explain this in further detail, based upon your unique situation.

What Happens After I File an Appeal?

After you file an appeal, the first step will be a mediation hearing. This is overseen by a neutral third party, a mediator, who will try to help you resolve your dispute.

If mediation is unsuccessful, your case will be assigned to a workers’ compensation judge. This administrative judge will schedule a pretrial hearing, at which point disputed issues will be identified and reviewed. A final hearing will be held, granting you and the insurance company the opportunity to present evidence that supports each side. The judge will review all of the evidence and issue a written decision, which will be mailed to you and the insurance company within 30 days of the hearing.

Appealing a Workers’ Compensation Judge’s Decision

You can appeal a decision made by a workers’ compensation judge, if you file an appeal with the First District Court of Appeals within 30 days.

At any stage in the workers’ compensation appeals process, you may find it invaluable to have a skilled lawyer by your side. These are complex proceedings, and you can be guaranteed that the insurance company will be represented by an attorney or team of attorneys to try to ensure their denial stands strong. You need an advocate to fight for your right to fair benefits.

Call (305) 340-2630 today to find out how we can help you file an appeal after a denied workers’ comp claim in Miami-Dade County. We serve the entire state from offices in Miami and Plantation. Se habla español.

What Sets Us Apart

  • Over a century of combined experience
  • No fees unless we win
  • Millions of dollars won for our clients
  • You'll get personalized attention
  • Se habla Español

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