At Franks, Koenig & Neuwelt, a Palm Beach FL Workers Comp Attorney residents turn to understands that having a claim denied can be frustrating, but we want you to know that it doesn’t have to stop there, as you do have the right to dispute it. The denial letter will have an explanation of your workers comp insurance, how and when you can appeal the denial, and a deadline for how soon you must file it if you choose to do so. Most state deadlines are between 30-90 days. If you miss the filing date you lose the possibility of getting compensation, which is why we always encourage injured workers to take action quickly and seek information about their rights from a reputable law office such as ours.
Reopening a Claim for Workers Compensation
The steps towards reopening a previous workers comp claim is different from appealing a claim that was denied. Every state has time limits for requesting to reopen a claim, which can range between 3-7 years. However, some cases cannot be reopened, such as instances where the worker was paid in full and a release document was signed. A Workers Comp Attorney in Palm Beach, FL can assess whether reopening a claim is possible, and then advise on how to get that process going. The most common reasons that someone may wish to reopen a previously closed claim for workers compensation include:
- Fraud was discovered
- Your injury has been aggravated or returned
- Lighter job responsibilities are no longer available
- There is new evidence that proves your injury
- There is new evidence that shows the amount you received in compensation was inadequate
- An administrative error caused an unjust outcome
Requesting an Administrative Hearing
Trust us when we say that most insurance companies are surely in no hurry to hand out benefits to injured workers, even if they have a strong claim. Unfortunately, your claim may be denied up front for unfair reasons, which is why you need someone who understands what workers are entitled to and their rights when injured at work. If your claim does get accepted, you can dispute the decisions made by your employers insurance agency regarding your ability to return to work, weekly wage benefit, permanent disability settlement, vocational training, and more.
Most workers file their initial workers comp claim by themselves, but then things can go awry from there, leaving injured workers without the coverage they need to heal. We can help you formally request copies of your medical files, the insurance company’s claim file, and your employer’s files. These documents can then be used to help you advocate for yourself at an administrative hearing. During this hearing, a judge makes the decision for the claim and it is no longer in the hands of your employer’s insurance agency.
If any of this information above rings true for you or a loved one, then please call Franks, Koenig & Neuwelt to speak with a Palm Beach, Florida Workers Comp Attorney right away.
