What Should You Do If Your Florida Workers’ Compensation Claim Is Denied?

What Should You Do If Your Florida Workers’ Compensation Claim Is Denied?

Getting hurt on the job is hard enough – being told you won’t get the benefits you’re counting on makes it even worse. A denial does not mean the end of the road. In fact, many valid claims are initially denied for reasons that can be challenged.

At Touby, Chait & Sicking, PL, we’ve helped countless injured workers in Florida overturn denials and fight for benefits they’re entitled to. We know how the system works – and we know how to stand up to insurance companies that try to avoid paying for the benefits that are owed.

Why Are Workers’ Compensation Claims Denied in Florida?

If your workers’ compensation claim has been denied, you’re not alone. Many injured workers in Florida face this roadblock—but understanding why denials happen can be the first step toward successfully challenging the decision and getting the benefits you deserve.

  1. Failure to Report the Injury on Time

Under Florida law, you must report your workplace injury to your employer within 30 days of the incident (or when you first became aware of it). Missing this window can give the insurance company a reason to deny your claim – no matter how legitimate your injury is.

Important: If you’re unsure whether you missed a deadline, speak with a workers’ compensation attorney before assuming you’re out of options.

  1. Disputes About How the Injury Happened

Insurance companies may argue that your injury did not occur at work or was not related to your job duties. They might claim it happened off the clock, during unauthorized activities, or offsite.

  1. Pre-Existing Conditions

If you have a medical history involving the same body part, the insurance company may say your job did not cause your injury. But under Florida law, you may still be eligible for benefits if your work was the major contributing cause of the injury.

  1. Lack of Medical Evidence

Injured workers are required to seek treatment from doctors authorized by the employer’s insurance carrier. If there is no official diagnosis, or if your medical records do not support your claim, benefits may be denied.

Even small inconsistencies between your report and medical file can be used to challenge your case.

Why Having an Attorney Makes a Difference

The Florida workers’ compensation system can be confusing and intimidating – especially when you’re recovering from an injury. Insurance companies have experienced legal teams focused on minimizing what they pay out. Having a knowledgeable attorney in your corner can level the playing field.

At Touby, Chait & Sicking, PL, our workers’ compensation attorneys can help clients by:

  • Identifying all potential grounds to challenge a claim denial
  • Collecting and organizing key documents and evidence
  • Managing all communication with the insurance company
  • Meeting critical deadlines and procedural requirements
  • Representing you at mediations, hearings, and, if necessary, trial
  • Negotiating for the highest possible settlement

Our goal is to reduce your stress and make sure you are not navigating this process alone.

Don’t Wait to Get Help

Strict deadlines apply to workers’ compensation appeals in Florida. If you wait too long, you could lose your right to benefits – even if your claim is valid.

At Touby, Chait & Sicking, PL we’ve been standing up for injured workers across Florida for decades. We know what it takes to fight a denial – including taking your case to trial if that’s what it takes.

 

Call us today at (305) 257-9472 for a free consultation. Let us review your denial and explain your options.

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Tirelessly Protecting Workers’ Rights in Florida

At Touby, Chait & Sicking, PL, we have over 90 years of combined experience with workers’ compensation cases. We have a thorough understanding of how insurance companies operate and can use this knowledge to our advantage as we build you a custom-built legal strategy. Attorneys Touby and Mora are board-certified by The Florida Bar in workers’ compensation, and Attorney Chait is an award-winning leader and advocate for workers’ rights in Florida. Our legal team is not afraid to take cases to trial, and we fight proudly for our clients.

We work tirelessly to give our clients the greatest chance of success. We bring in vocational and medical experts to shed light on your unique circumstances, and tackle cases as a team to pool our resources and knowledge. Our Miami workers’ compensation attorneys’ highest priority is getting you the benefits you deserve.

All of our cases are paid on a contingency basis, meaning that we do not get paid until you do! Call us today at (305) 257-9472 to schedule a free consultation with one of our skilled attorneys.