FAQs Archive - Zediker Law Firm

Q: How Do You Appeal a Workers’ Comp Denial?

An injured employee’s claim for benefits may be denied if the insurance company: Denies that an injury occurred on the job; Accuses the employee of fraud or misrepresentation of an injury; and/or Blames a worker’s injury on a preexisting condition. If a worker’s claim is denied, they have a right to appeal the denial of benefits. Once an employee receives the denial, they can file a petition with a workers’ compensation appeals board in their state. The process varies by state. In Florida, for example, injured workers filed with the Division of Administrative Hearings, which assigns the case to a judge who will schedule a hearing within 40 days.

Q: How Long Do I Typically Have To Make A Personal Injury Claim If I Was Hurt On Someone’s Property?

Florida law limits the time you can file a claim if you are injured on someone else’s property. Generally, you have 4 years from the date of the incident. However, the time could be shorter. For example, if the Defendant is a government entity, you may be required to send a specific statutory notice to them within 3 years or the claim could be barred. If the injury occurred at a nursing home, the time could be limited to 2 years. Every case is fact specific and it is important to talk to an attorney as soon as possible to see if you can bring a claim for your injuries.