In Florida Workers Compensation cases, there are many occasions when an insurance company may incorrectly deny benefits that an injured worker is entitled to receive. When this occurs, an injured worker may believe there is no other option besides acceptance that the benefits will not be received.
The two types of benefits that an injured employee is entitled to receive in workers compensation matters are medical treatment and potential lost wage benefits. Even when a claim has been fully accepted by an insurance company, there are instances in which these benefits may not be received. A common occurrence would be when a physician that has been authorized by the insurance company recommends a specific form of treatment, but the insurance company either disputes it by investigating the recommendation or flat out denies it.
Surgery is a common form of treatment that goes down this path because it generally costs the insurance more money than more conservative types of treatment such as physical therapy, medication, or injections. Due to this, an injured employee may face the hurdles of delays in receiving the needed treatment. In turn, any prolonged delays may make the injury/injuries even worse.
At the Law Offices of Ala Alikhani, P.A., we file a Petition for Benefits with the Court each time such a recommendation has been made by the workers compensation doctor. By filing such a petition, the matter goes through the process of litigation and is overseen by a Judge of Compensation Claims. The Employer/Carrier is then obligated by law to file a response to the petition in a timely manner. If the benefit is not authorized in the time allotted, then there is a potential that attorney fees will need to be paid by the Employer/Carrier. This possibility alone puts additional pressure to provide the requested benefits to the injured worker quickly. If the benefits are denied in the response, then the issues go through the litigation process and may ultimately require the Judge to decide the matter.
Generally speaking, such issues can be resolved prior to proceeding to a Final Hearing in front of a Judge of Compensation Claims as there are risks involved. Many times, this may be the last resort once all other avenues to resolve the issues have been exhausted.
All in all, if any of the benefits that you may be entitled to have been denied by the insurance company of your employer, contact the Law Offices of Ala Alikhani, P.A. and we will discuss the options that are available to assist with the matter. The Florida workers compensation law is extremely complex and it’s generally in your best interest to have the assistance of an attorney that specializes in the field.
When you hire the Law Offices of Ala Alikhani, P.A. to represent you, we go to extremes to ensure employers and their insurance companies are held accountable and that you receive the benefits that you are entitled to by the law. Call us today at (844) 762-8155.