There are various reasons why an employer may deny a workers’ compensation claim after a construction injury. They may argue that the injury did not actually occur at work or that the employer was under the influence of alcohol and drugs at the time the incident occurred. Regardless of what reason your claim was denied, you have the right to appeal the decision with the Division of Administration.
When you file an appeal, a hearing will be scheduled with the Judge of Compensation Claims. In most cases, the injured worker will be required to be evaluated by an Independent Medical Examination. There will be a Pretrial Hearing at which you or your attorney will make your case as to why you should receive workers’ compensation benefits. If a claim is still denied, the next step will be to appeal the decision to the First District Court of Appeals.