If your Workers’ Compensation claim has been denied in Florida, in order to pursue benefits that you believe are ripe due and owing, your remedy is to file a petition for benefits with the Department of Administration Hearing Office of the Judge of Compensation Claims Division of Workers’ Compensation. Mediation will be scheduled in which you can meet with the insurance carrier, and with a mediator to assist the parties in attempts to amicably resolve the issues. It should be noted that although the mediator is an attorney, the mediator is not your attorney but instead is on either side. The mediator primarily acts as a facilitator of communications between the parties. If the matter cannot be resolved at mediation, a Judge may hold a pretrial and a subsequent Merit Hearing in which evidence will be considered and a Judge of Compensation Claims will rule on whether the denial was appropriate or whether benefits should be provided. In certain matters a further appeal may be necessary subsequent to the Workers’ Compensation Judge’s ruling.
If your Workers’ compensation claim has been denied, a Workers’ Compensation attorney can prepare and file a petition for benefits on your behalf, represent you at the mandatory mediation, and at any Hearings before a Judge of Compensation Claims. As well as the attorney can answer any Workers’ Compensation questions that you may have regarding the denial, its’ legal bases, and the evidence and standard of proof that you will need to meet in order to overcome and defeat the denial before a Judge.