Legal Question in Workers Comp in Florida

Re: workers comp doctor denies injury claim?

Unfortunately, I encounter this problem much too often. First of all, if you were on notice 4 years ago, why didn't you put it under workers' compensation then? You are basically asking for assistance, knowing that you put it under your health insurance. Be aware that when your health insurance provider submits the bills for payment to the health insurance carrier, he/she has to check a box that the treatment being provided under the health insurance is not work related. And now, you are expecting the doctor to reverse that opinion, and say that it is related?

You should have taken care of this four years ago, and not wait until now. However, there may be facts that may still allow you to obtain workers' compensation benefits, although your chances are very slim, unless you get something from the Employer admitting this was work related. WAs a Notice of Injury ever completed by the Employer? This would be important for any potential attorney you hire to know. Did anyone from workers' compensation ever contact you? Did you ever request treatment under workers' compensation but denied?

My suggestion is that you pick up your phone today...not tomorrow, but today, contact a workers' compensation attorney in your area, and discuss this in detail with him/her. You will certainly have an uphill battle, with your delays...however, if the facts are right, there is always a chance.

The above only represents my opinion, and not legal advice. You should and must get a consultation from a qualified workers' compensation attorney who can ask you questions and review documents. Do not rely only on my opinions, as reasonable attorneys will differ in their opinions.

Good luck