After your workplace injury, you’ve likely been focused on recovering and dealing with the workers’ compensation process. For many, this means handling their claim on their own, especially if it seems straightforward at first. However, when disputes arise or the insurance company denies your benefits, things can quickly become more complicated. Now that you’ve been notified your case is going to trial, you may be considering hiring an attorney to help guide you through this critical stage.

While many Florida workers’ compensation cases are resolved without reaching this point, some disputes become more complex and lead to legal proceedings. If you’re asking, “Why is my workers’ comp case going to trial?” here are some common reasons this situation occurs.

Your Claim Has Been Denied or Disputed

The most common reason for a workers’ compensation case to go to trial is when the insurance company denies your claim or disputes certain aspects of it. This might happen if:

• The insurance company questions whether your injury is work-related
• There’s disagreement about the extent of your injuries
• The insurer challenges the necessity of certain medical treatments
• Questions arise about your ability to return to work
• There’s debate over the calculation of your benefits
• The insurer claims a pre-existing condition caused or contributed to your injury

Medical Evidence Is Being Contested

Sometimes, your Florida workers’ compensation case heads to trial because of conflicting medical opinions. Your treating physician might have one assessment of your condition, while the insurance company’s doctor has another. Common medical disputes include:

• The severity of your injury
• Whether you’ve reached maximum medical improvement (MMI)
• The type of treatment you need
• Your work restrictions
• The permanent impairment rating assigned to you

In Florida, disputes often arise following an Independent Medical Examination, where the insurer’s chosen doctor may disagree with the recommendations of your authorized treating physician. At this point, your attorney will play a crucial role in presenting the strongest medical evidence in court to support your case.

Settlement Negotiations Have Stalled

If you and the insurance company cannot reach a fair settlement agreement, your case might proceed to trial. This often occurs when:

• The settlement offer doesn’t cover all your medical expenses
• There’s disagreement about future medical needs
• The proposed compensation for lost wages seems insufficient
• The parties differ on the value of permanent disability benefits

Mediation is required before your case goes to trial in Florida, but if negotiations stall, a final hearing may be scheduled. By this stage, an attorney is typically involved to ensure your case is prepared for trial.

Procedural Issues

Florida’s workers’ compensation system has specific procedures and deadlines that must be followed. Your case might go to trial if:

• The insurance company failed to authorize necessary medical treatment within required timeframes
• There are disputes about proper notification of the injury
• Questions exist about whether claim filing deadlines were met
• The employer didn’t report the injury as required by law
• You missed scheduled medical appointments or Independent Medical Examinations, which led the insurer to dispute your benefits

Your Florida workers’ compensation lawyer will help navigate these procedural matters, ensuring that all deadlines are met and that your case is properly prepared for trial.

Preparing for Your Day in Court

By the time your Florida workers’ compensation case reaches trial, you’ll be working closely with your attorney to prepare. Your attorney will play a key role in gathering evidence, organizing your case, and ensuring everything is ready for trial. To strengthen your position, here are several steps you should take with your attorney’s guidance:

• Gather all relevant medical records: Your attorney will help you collect detailed documentation from your medical providers, which will be essential in demonstrating the extent of your injuries.
• Keep detailed notes about your injury and recovery: It’s important to maintain an updated log of your pain, treatment, and recovery progress, which can be used to support your testimony in court.
• Document all communication with your employer and the insurance company: Ensure that any emails, letters, or notes from conversations are shared with your attorney to create a clear record of the communication.
• Stay consistent with your medical treatment: Florida law requires injured workers to comply with the treatment prescribed by their authorized treating physician. Missing appointments or failing to follow medical advice can negatively impact your case.
• Be prepared to explain how your injury affects your daily life: Your attorney will work with you to present a compelling narrative that shows the physical and emotional impact of your injury on your daily activities.
• Follow your doctor’s instructions carefully: Non-compliance with medical treatment can be used by the insurer to challenge your claim. Florida law also supports the employer’s right to request an Independent Medical Examination, so you’ll need to adhere closely to your treatment plan.
• Maintain accurate records of missed work and expenses: You’ll need to provide a clear accounting of all lost wages, medical bills, and out-of-pocket expenses related to your injury. Your attorney will help organize these records for presentation during the trial.

After the Trial

Once your trial concludes, the Judge of Compensation Claims (JCC) will:

• Review all evidence presented: This includes medical records, expert testimony, and witness statements provided by both sides.
• Consider testimony from all witnesses: The JCC will evaluate the credibility of witness testimony, including yours, your doctor’s, and any other witnesses brought by your attorney or the insurance company.
• Evaluate medical opinions and records: Conflicting medical opinions will be reviewed carefully, and the JCC will decide which medical evidence is most convincing.
• Issue a written decision within 30 days: Under Florida Statute § 440.25(4)(a), the JCC must issue a written decision within 30 days after the final hearing.

If you disagree with the judge’s decision, you and your attorney have the right to appeal within 30 days of the order. The appeals process involves filing a “Notice of Appeal” with the First District Court of Appeal, which reviews the JCC’s decision for legal errors rather than retrying the facts of the case.

While the idea of going to trial or appealing a decision can be overwhelming, it’s important to remember that this is just part of the legal process for resolving workers’ compensation disputes. Going to trial doesn’t mean you’ve done anything wrong—it’s simply part of the process when disputes over your workers’ compensation claim need resolution.

While handling a claim on your own might have worked in the beginning, by the time your case reaches this stage, having legal representation is critical to ensuring your rights are protected and your case is presented effectively. With the help of your workmen compensation lawyer, you can face the trial confidently and improve your chances of securing the benefits you’re seeking.

Get Legal Support for Your Workers’ Comp Trial

Preparing for a workers’ compensation trial can feel overwhelming, especially if you’re still managing your case on your own. At Lyle B. Masnikoff & Associates, we provide the guidance and representation you need to confidently navigate this next step.

Our experienced Florida workers’ compensation lawyers have successfully handled numerous cases like yours. Our team will work closely with you to prepare your case, gather the necessary evidence, and represent your interests in court. Whether you’re dealing with medical disputes, claim denials, or stalled settlement negotiations, we’ll help you pursue the benefits you’re eligible for under Florida law.

If you’re feeling uncertain about how to move forward, don’t wait. Reach out to Lyle B. Masnikoff & Associates today for a free, no-obligation consultation. Call us at (561) 598-7122(561) 598-7122 or visit our website to fill out our confidential online form. During your consultation, we’ll review the details of your case, explain your options, and provide clear, actionable advice to help you make informed decisions.

Take the next step towards securing the benefits you need by contacting Lyle B. Masnikoff & Associates today. We’re here to support you every step of the way.

Let us go the extra mile for you!

Copyright © 2024. Lyle B. Masnikoff & Associates, P.A. All rights reserved. 

The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.

Lyle B. Masnikoff & Associates, P.A.
1645 Palm Beach Lakes Blvd #550
West Palm Beach, FL 33401
(561) 598-7122(561) 598-7122
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Orlando, FL 32819
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Lyle B. Masnikoff & Associates, P.A.
110 E Broward Blvd #1700
Fort Lauderdale, FL 33301
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Lyle B. Masnikoff & Associates, P.A.
543 NW Lake Whitney Place, Suite 106
Port St. Lucie, FL 34986
(561) 598-7122(561) 598-7122
https://workerscompfl.net/