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Can I Appeal a Workers' Compensation Claim Denial?

Home  >  Blog  >  Can I Appeal a Workers’ Compensation Claim Denial?

February 15, 2025 | By Gerald A. Rosenthal
Can I Appeal a Workers’ Compensation Claim Denial?

On Behalf of Rosenthal, Levy, Simon & Sosa | February 15, 2025 | Workers' Compensation

If you suffered an injury at work, you can seek compensation through the workers’ compensation insurance your employer is required to carry for all their employees. If your claim is denied, you do have the right to appeal it, and it’s in your best interest to have the trusted legal guidance of an experienced Port St. Lucie workers’ compensation attorney on your side. 

When a Claim Is Denied

You count on workers’ compensation insurance to cover you in the event that you’re hurt on the job. If your claim has been denied, you may feel as if all hope is lost, but you shouldn’t. The truth of the matter is that workers’ compensation insurance providers are profit-driven, and they do what they can to keep settlements low – or to shut down claims completely by simply denying them up-front. 

Often, denials are based on errors in the filing process or on less-than-robust reasons that can be appealed. If you are facing a workers’ comp claim denial, the good news is that it can be appealed, and an accomplished workers’ compensation lawyer can help ensure that your appeal is resolved favorably.

Determining the Reason for Denial

An important step in the process is determining why your claim was denied, which may be no easy feat. While insurance companies, including workers’ compensation providers, are required to use plain language that claimants are familiar with and understand, it doesn’t always happen that way. 

Your focused workers’ compensation attorney will carefully assess the reason your claim was denied and will help you strategize a path forward toward a favorable resolution. To begin, your lawyer will likely engage in skilled negotiations with your employer and the insurance provider prior to filing a claim. Only if they refuse to settle the matter fairly will you need to move forward with the appeal process.

The Appeal Process

To appeal a workers’ compensation decision, you’ll need to take the following primary actions:

  • Submitting a notice of appeal with the trial judge’s office within 30 days of the date that the office either mailed you the denial or served it to you electronically
  • Filing any designations that outline additional forms that the court will need to consider in your unique case – other than those that are automatically included in appeals – as applicable

An Experienced Port St. Lucie Workers’ Comp Lawyer Is Standing By to Help

If your workers’ compensation claim has been denied, you shouldn’t give up hope of being compensated – in fact, denials are more common than you likely realize. The persuasive Port St. Lucie workers’ compensation attorneys at Rosenthal, Levy, Simon & Sosa understand your dilemma and are well prepared to skillfully guide your claim through the appeals process – in pursuit of an optimal outcome. Your claim is important to your health and well-being, so please reach out and contact us online or call 561-478-2500 for more information about what we can do to help you today.

Gerald A. Rosenthal Author Image

Gerald A. Rosenthal

Retired

Since opening the firm now known as Rosenthal, Levy, Simon & Sosa more than 40 years ago, Gerald A. Rosenthal has been a dedicated champion of the everyday hero – police officers, firefighters, teachers, nurses, construction workers, farm workers, and more. Passionate about preserving the civil rights of laborers, he has fought tirelessly against giant insurance companies who deny the injured workers their benefits. It’s not just the lawsuit Rosenthal fights to win – he is driven by the opportunity to restore his client’s quality of life.

Author's Bio

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