If you face a denied workers’ compensation claim or disagree with the benefits awarded, you may wonder if you can appeal the decision. Florida law allows you to challenge such decisions. Understanding how the appeal process works helps you make informed choices.
What does the appeal process look like?
In Florida, if the judge of compensation claims (JCC) denies your workers’ compensation claim or issues a decision that doesn’t meet your expectations, you have the right to file an appeal. The first step is to receive a decision from the JCC, based on factors like your medical condition, the extent of your injury, and your treatment needs. If you disagree with the decision, you can file an appeal with the Florida First District Court of Appeal.
You must file the notice of appeal within 30 days of the JCC’s decision. Missing this deadline means you lose your right to appeal. The court will then review your case and decide whether the JCC’s ruling was correct or if it made a mistake.
What are the chances of success on appeal?
The court does not revisit the facts of your case during an appeal. Instead, it focuses on whether the law was applied correctly. To succeed, you must show that the JCC made an error in interpreting or applying the law. You need strong legal arguments or new evidence to support your case. For many people, hiring legal assistance helps improve their chances of success.
What happens after the appeal?
Once the court issues its decision, it may either uphold the original ruling, reverse it, or send the case back to the JCC for further review. If the court rules in your favor, you will likely receive the benefits originally denied, and your medical treatments may get covered.
If your workers’ compensation claim gets denied, consider appealing. Make sure you understand the process, deadlines, and challenges involved.