Appealing a Denied Workers' Comp Claim in Florida
The deadline to challenge a denied workers' comp claim in Florida, where to file, and the steps from hearing to appeal.
Short answer: A disputed benefit is challenged by filing a petition for benefits with the Office of the Judges of Compensation Claims (and serving it on the employer and carrier). Fla. Stat. §§ 440.192(1), 440.19(1)-(2), 440.271
| Deadline to challenge a denial | A disputed benefit is challenged by filing a petition for benefits with the Office of the Judges of Compensation Claims (and serving it on the employer and carrier). The petition is barred unless filed within 2 years after the worker knew or should have known the injury arose from work; paying an indemnity benefit or providing medical care extends the deadline to 1 year from that payment. A judge of compensation claims' order is appealed to the First District Court of Appeal, filed under the appellate rules set by the Florida Supreme Court. |
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| Appealing a denial | Disputed claims are decided by a Judge of Compensation Claims after a Petition for Benefits is filed (the Petition must meet specific content requirements). Any order of a Judge of Compensation Claims may be appealed to Florida's First District Court of Appeal, following the appellate rules set by the Florida Supreme Court. Source: Fla. Stat. §§ 440.192, 440.271 |
| Deadline to file a claim | A petition for benefits is barred unless the employee has notified the employer of the injury and the petition is filed within two years after the employee knew or should have known that the injury or death was work-related. Each payment of wage-loss benefits or medical treatment extends the deadline to one year from that payment (except for disputes over compensability, maximum medical improvement or impairment). The time bar applies only if the insurer raises it in its first response to the petition. Source: Fla. Stat. § 440.19 |
Where to get help in Florida
More Florida workers' compensation
- Filing a Workers' Comp Claim in Florida
- How Much Workers' Comp Pays in Florida
- Workers' Comp Settlements in Florida
- Retaliation for Filing Workers' Comp in Florida
- Suing Over a Work Injury in Florida
- All Florida workers' compensation rules
FAQ
How long do you have to appeal a denied workers' comp claim in Florida?
A disputed benefit is challenged by filing a petition for benefits with the Office of the Judges of Compensation Claims (and serving it on the employer and carrier). The petition is barred unless filed within 2 years after the worker knew or should have known the injury arose from work; paying an indemnity benefit or providing medical care extends the deadline to 1 year from that payment. A judge of compensation claims' order is appealed to the First District Court of Appeal, filed under the appellate rules set by the Florida Supreme Court.
How do you appeal a denied workers' comp claim in Florida?
Disputed claims are decided by a Judge of Compensation Claims after a Petition for Benefits is filed (the Petition must meet specific content requirements). Any order of a Judge of Compensation Claims may be appealed to Florida's First District Court of Appeal, following the appellate rules set by the Florida Supreme Court.
What is the deadline to file a workers' comp claim in Florida?
A petition for benefits is barred unless the employee has notified the employer of the injury and the petition is filed within two years after the employee knew or should have known that the injury or death was work-related. Each payment of wage-loss benefits or medical treatment extends the deadline to one year from that payment (except for disputes over compensability, maximum medical improvement or impairment). The time bar applies only if the insurer raises it in its first response to the petition.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.