Appeals in Worker's Compensation Cases
A court's decision in a workers' compensation case can help heal wounds, both physical and emotional, but what if the verdict didn't get it all exactly right? Or what if the insurer did not disclose full information or acted in bad faith?
Maybe the claim was denied or an inadequate offer was approved. Maybe new evidence came to light too late. Or maybe the actual costs of a claim were much higher than the initial estimates. Is it possible to appeal?
A qualified workers' compensation attorney should be able to review your case and inform you about whether an appeal is possible, including the potential grounds for an appeal.
Attorney for Workers' Compensation Appeals in Miami, FL
If you were involved in a workers' compensation case and your case was denied or an improper setlement was reached, contact an expeienced workers' compensation lawyer to represent you in your case and your potential appeal of the original outcome.
The dedicated workers' compensation attorneys at The Hoffman Firm know how to scrutinize a case for anomalies and will make a recommendation for appeal if the particular circumstances of the case indicate that an appeal is likely to be successful. Call The Hoffman Firm today at (305) 940-2307 to discuss your possible appeal.
Appeals in Workers’ Compensation Cases in Miami, Florida
When a Florida workers' compensation claim is denied, the decision can have an adverse effect on anyone who may have expected benefits from the claim. A claim for Florida Workers' Compensation can be denied for any number of reasons, including:
- Blaming the injury on a pre-existing or congenital condition
- Alleging that the injury did not occur on the job
- Accusing the employee of misrepresenting or exaggerating an injury
- Accusing the employee of workers' compensation fraud
If workers' compensation benefits are denied, then the injured worker has the right to contest the denial of benefits and appeal the decision. After receiving notice of the claim that is denied, the employee can file an appeal petition with the state's Division of Administrative Hearings (DOAH).
The DOAH Hearing
Florida's Division of Administrative Hearings considers appeals related to workers' compensation claims.
After the petition to the DOAH is filed, DOAH will then assign the case to a judge. The judge assigned to the case will schedule a hearing within 40 days.
At the DOAH hearing, the injured worker can present evidence to show why he or she is entitled to benefits, including:
- When, where, why, and how the injury occurred
- Medical treatment sought after the injury
- Medical records to show the extent of the injuries
- Opinion testimony about the employee's ability to return to the job
- Opinion testimony on how the injuries will impact the employees job in the future
At the hearing, the employer and the insurance company can also present evidence as to why the employee is not entitled to benefits.
The judge will consider the evidence and testimony presented, as well as the arguments of the parties, and render a decision. The decision is typically rendered within 30 days. Either side can appeal the decision to a higher court.
Mediation in Workers' Compensation Cases
In some cases, the claims are settled through mediation. The mediator often has resources available to fashion a solution that is more agreeable to the parties, such as a modified job assignment or a monetary settlement.
It is important for the injured worker to have an attorney at each stage of the case, including at mediation.
Employers almost always use lawyers in workers' compensation cases, so it is also smart for you to consult with a workers' comp lawyer about your case.
A Primer on Workers' Compesation Appeals — An online guide from the Florida Bar provides information about workers' compensation appeals in Florida in the past, present, and future.
Finding a Workers' Comp Attorney for Appeals in Miami, FL
To find out more about appeals in workers' compensation cases, contact an experienced workers' comp attorney at The Hoffman Firm. With offices in Miami in Miami-Dade County, Fort Lauderdale in Broward County, and West Palm Beach in Palm Beach County, we represent clients with a wide variety of injuries that occur under a variety of different circumstances. We take cases to trial and we are not afraid to appeal a previous ruling.
Call (305) 940-2307 today for a free consultation to discuss your case.
This article was last updated on Friday, May 29, 2016.
Evan A. Hoffman
Mr. Hoffman’s philosophy is "our knowledge and experience is your best defense." He has been a featured author on criminal law issues such as driving under the influence, domestic violence and illegal searches.Read More