Filing an Appeal for Workers Compensation
As experienced West Palm Beach Work Injury Attorneys at the Law Offices of Franks, Koenig & Neuwelt, our focus is helping people who have sustained an injury on the job. We understand the concerns of our clients, which includes being able to get the medical care they need. If you have been injured at work, we may be able to negotiate a settlement on your behalf and help you cover your medical costs.
Guided by over 80 years of combined experience, we have helped thousands of injured workers in West Palm Beach get the compensation they need and deserve. We aggressively represent each of our clients, and this is balanced by our integrity and passion. When you choose our firm of West Palm Beach, FL Work Injury Attorneys, you can feel confident in knowing that we will protect your rights. For a complimentary consultation with a member of our legal team in West Palm Beach, please call (561) 475-4499 today.
Notify Your Employer As Soon As Possible
Sometimes it is easy to tell when a work-related injury is serious enough for you to file a workers’ compensation claim. On the other hand, symptoms may not show up right away, so you may not immediately experience the severely negative effects of your injury. It is in your best interest to be proactive in reporting a work-related injury. Even if it seems minor, you should notify your employer, as well as your state workers’ compensation agency if required, as soon as possible.
Why You Should Report Early
Every state has deadlines in place requiring you to file your workers’ compensation claim in a timely fashion. Unfortunately, these deadlines vary by jurisdiction. Some states give you one or several months, while others require you to report within a matter of weeks or days.
Our FL West Palm Beach Work Injury Attorneys can tell you what the deadline is in your state and why you must take it very seriously. If you let the deadline pass without filing, you can lose your right to any benefits regarding medical expenses or lost wages. However, be aware that these deadlines apply differently to acute injuries compared to those that occur over time, such as carpal tunnel syndrome and other repetitive stress injuries.
If you do not report your injury right away, it gives your employer and/or the carrier of the workers’ compensation insurance policy grounds to argue that your injury might not be work-related at all, giving them justification to deny your claim even if you file within the deadline.
How To Report The Injury
When in doubt, you should ask your employer, supervisor, or human resources department, who should be able to give you information about how to report an injury accident. Generally speaking, you need to report the injury in writing. Sometimes you need to produce a typed letter, while other times you need to fill out a particular form. Some states require you to get in touch personally with your state’s workers’ compensation agency, while others allow your employer to take care of that step for you.
The Exceptions To Meeting a Deadline
Generally speaking, the filing deadlines for a work comp claim are very strict. However, if you were unable to file right away because the injury requires immediate medical treatment (such as a third-degree burn that required emergency surgery), put you into quarantine, or caused a coma, the deadline may not apply.
Reporting the injury is the first step to filing a claim. Even if you cannot see the doctor until later, you should not hesitate to inform your employer. Our Work Injury Attorneys in West Palm Beach, FL can answer your questions regarding your right to compensation.
Who Should Retain a Workers Compensation Lawyer
If you can relate to any of the following, you should call the Law Offices of Franks, Koenig & Neuwelt without hesitation:
- You have been injured on the job while employed in Florida
- You have been disabled because of a work related injury
- You have contracted an illness as a result of your job (i.e. mesothelioma, carpal tunnel, etc.)
- You have lost a loved one who died while working
- You don’t understand how to file a workers compensation claim
- You have been denied
- You are being discriminated against
- Your employer is uninsured and you believe they should compensate you
- Learn about Stress Related Injuries Vs. Repetitive Stress Injuries
Appealing a Workers Compensation Claim That Has Been Denied
Depending on the state you are in, you may have between a few days or weeks to file an appeal. There is absolutely no time to waste. As soon as you receive your letter of denial, you may want to contact our West Palm Beach Work Injury Attorneys in Florida to help you take effective action that can preserve you right to appeal the notice.
Even though the state has set up a workers compensation system that is supposed to be easy and efficient, it is not uncommon for injured workers to be denied the first time. When this happens, you may need to go through the appeal process before you can get the benefits you and your loved ones need. With help from a member of our legal team, we can reduce the risk of a denial. Reasons for denial include, but are not limited to:
- Failing to notify your employer within the right time
- Failing to prove your injury happened at work
- Failing to file for workers compensation in the right time
- Failing to provide enough information about your injuries
- Providing inaccurate information on the forms
- Being under the influence of drugs or alcohol during your injury
Your denial letter should include the reason for denial. If you don’t understand this element, you can speak with one of our West Palm Beach Work Injury Attorneys at the Law Offices of Franks, Koenig & Neuwelt for more information.
If You Are Denied After The Appeal
Should you be denied workers compensation even after you appeal, there may be other sources of compensation available. For example, if another party was responsible for your injury (i.e. a manufacturer that made a defective part or product), it might be possible to file a personal injury claim against that party. Rest assured we will explore all your options and give you our honest opinion about what you should do next.