If you’re hurt while on the job, even if it’s your first day of employment, you can file for workers’ compensation. For many, this process goes smoothly without any delay. However, for many more, there may be something that is missing from the record or suspected bad faith.
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When a Florida workers’ comp claim is in question, the need for an outside arbiter can help make a determination. This is what the Office of the Judges of Compensation Claims (OJCC) does as it handles disputes and complaints for these types of claims. While the OJCC is not the final judge for workers’ compensation claims, it does decide and resolve many of them.
Understanding the Statutory Authority of the OJCC
Both the OJCC and the Florida workers’ compensation system get their power from the Florida Statutes that establish this office along with the rules and regulations. Most of the time, workers’ compensation claims are fairly settled between the injured employee and their employer or the insurer of the employer. The OJCC is there for when there is a disagreement.
In Florida, there are 32 Judges of Compensation Claims. If you need to appeal the decision on your workers’ comp claim, you will need to find the Office of Judges Compensation located closest to your location.
Adjudicating an Appeal
If all goes well with your claim, then you’ll never have to deal with the Office of the Judges of Compensation Claims. However, if your application for benefits for your work-related injuries is denied, you will want to contact the OJCC.
This is done by sending a Petition for Benefits, which must include all relevant information regarding your claim. You will hear back from the OJCC within 30 days as they must respond after receiving your petition. They may request more information in this response. Additionally, your employer must be notified of your petition to answer it or agree to pay the claim.
After the petition, mediation will follow. This informal proceeding is an attempt to resolve things before a trial. In cases where mediation is not successful, a pretrial hearing and trial will both be set. As for the meditation, it must be scheduled within 130 days from the time you filed your petition. The trial, should it occur, will have no required date.
If your workers’ comp case goes to trial, you must receive a decision within 30 days. You may not agree with the decision from the OJCC judge, but this is not the end of the line. You can appeal, but you must do so with the First District Court of Appeals within 30 days of receipt of the OJCC ruling.
How to Make Sure Your Workers’ Compensation Claims Go Smoothly
The workers’ compensation system was put in place to make it easier for injured workers to get the medical care they need after a work-related injury or illness. It is designed to limit lawsuits, though there are times when an employee can sue an employer or a third party for additional damages.
As for the claim itself, the OJCC is the first place a denied claim can go. It may need to go further than that, which is why working with workers’ compensation attorneys may be more beneficial. There will be deadlines you must meet, and you will need to present evidence of your injuries.
In cases where your employer does not have workers’ comp insurance, they didn’t report your accident, or they simply aren’t forthcoming with getting you your benefits, having legal representation is ideal. You don’t want to fight this battle on your own without someone on your side who understands all the inner workings of workers’ compensation and the benefits to which you are entitled as a Florida worker.
If you need legal assistance, contact 1-800-Injured for help finding professionals near you.