Workers’ compensation usually covers injuries that happen on the job, even off-site. Sometimes, an employer may deny a claim for an off-site injury. In these cases, it is important to know what legal options are available.
Reviewing the reason for denial
When an employer denies a claim, the first step is to review the denial’s reason. Common reasons include disputes over whether the injury happened during work or if it was related to job duties. Florida law, specifically F.S. 440.09, states that injuries must occur within the “course and scope” of employment to qualify under workers’ compensation. If the denial centers around this issue, further investigation may be necessary.
Filing an appeal
Workers can appeal a denied workers’ compensation claim. To begin this process, an employee must file a Petition for Benefits with the Division of Administrative Hearings. The petition outlines why the injury qualifies for compensation under state law. This legal avenue allows workers to argue their case and present evidence showing the injury happened while performing job-related tasks.
Exploring other legal remedies
If workers’ compensation still denies a claim, employees can consider additional legal options. In some cases, filing a personal injury lawsuit against a third party may be possible, especially if a non-employer’s negligence contributed to the injury. Florida law also gives employees the right to seek remedies if their employer fails to follow workers’ compensation rules.
Understanding the next steps
Dealing with a denied off-site injury claim can be challenging, but knowing your legal options is key. With the right approach, workers can protect their rights and pursue fair workers’ compensation.
