Legally reviewed by Randall Townsend Porcher, Trial Attorney at Morgan & Morgan, on August 12, 2024.
You were injured on the job. You filed a workers’ compensation claim. You trusted things would work out. But what happens if you go to trial and lose? That’s where the appeals process comes in—and it helps to have a lawyer on your side.
Navigating the workers' compensation system can be daunting, especially when your initial claim is denied. When necessary, our trial lawyers will take your case to a hearing in front of a Judge of Compensation Claims. But, win or lose, this is not necessarily the end of the case. Florida law gives either party the right to appeal errors in the judge’s rulings. All appeals in Florida workers’ compensation cases are heard at the First District Court of Appeal in Tallahassee. At Morgan & Morgan, we understand the complexities of the appeals process and are here to help you every step of the way. Our experienced workers’ compensation appellate attorneys have the experience and resources to make sure you can fight for the compensation you need and deserve to move forward.
Why Might My Claim Get Denied?
Before diving into the appeals process, it’s important to understand why workers' compensation claims might be denied. Common reasons include:
- Insufficient medical evidence linking the injury to the workplace
- Missed deadlines for reporting the injury or filing the claim
- Disputes over whether the injury is work-related
- Allegations of a pre-existing condition
If your claim has been denied, don’t lose hope. The trial process offers a chance to present your case to a judge, and even after this, there is opportunity for appeal.
How Morgan & Morgan Appeals a Denial
Step 1: Filing a Claim Petition
The first step after any denial is to file a petition for benefits. This must be done within a specific timeframe, usually within one to two years from the date of the injury or the last payment of benefits. Missing this deadline can result in losing your right to trial and appeal. When you work with Morgan & Morgan, one of our attorneys can handle this for you.
Step 2: Pre-Hearing Conference
After filing your claim petition, a mediation will be scheduled. This is an informal meeting where you, your attorney, and representatives from your employer’s insurance company can discuss the case. The goal is to see if a settlement can be reached without a formal hearing.
Step 3: Formal Hearing
If no settlement is reached during the mediation, the next step is a formal hearing before a workers' compensation judge. During this hearing:
- Both sides can present evidence, including medical records and witness testimonies.
- Expert witnesses, such as doctors, may be called to testify about the injury and its impact on your ability to work.
- Your attorney will argue your case, highlighting why you deserve workers' compensation benefits.
The judge will review all the evidence and issue a decision. This process can take up to a month, so be patient and prepared.
Step 4: Appealing the Judge’s Decision
If the judge’s decision is not in your favor, you have the right to appeal to a higher court, specifically, the First District Court of Appeal in Tallahassee. This appeal must be filed within a specific timeframe, within 30 days of the judge’s decision.
After the appeal is filed, your lawyer will file briefs, raising legal arguments as to why the judge’s order is not in accordance with the law. This process can take a long time, and the appellate court has no deadline to issue a decision. Most appeals are resolved, however, within 8-10 months. The appellate court will issue a decision, which can either uphold, reverse, or modify the original ruling.
Step 5: Further Appeals
If you are still unsatisfied with the outcome, you may be able to appeal to the Florida supreme court, but the supreme court rarely accepts jurisdiction over workers’ compensation issues..
Why Legal Representation Matters
The workers' compensation appeals process is complex and requires a thorough understanding of both medical and legal issues. Having an experienced attorney from Morgan & Morgan on your side can significantly increase your chances of a successful appeal. Our team of experienced workers’ compensation lawyers can ensure all the right paperwork is filed correctly and on time, gather and present evidence, cross-examine witnesses, and most importantly, advocate for your rights throughout the process.
At Morgan & Morgan, we are committed to helping injured workers get the compensation they need and deserve. If your workers' compensation claim has been denied, don’t give up. Contact us today to discuss your case and learn how we can assist you in navigating the appeals process. With our support, you can focus on your recovery while we fight for your rights.
Remember, the appeals process is your opportunity to make your case heard and secure the benefits you need to support yourself and your family. Let Morgan & Morgan be your advocate—contact us today for a free case evaluation.