Workers' Compensation Hearings in Florida

Workers Compensation Hearings

For many injured workers, one of the most stressful and confusing aspects of a workers’ compensation claim is the workers’ compensation trial. If you file a claim for benefits and cannot reach a fair settlement with your employer, your case goes to trial. This evidentiary hearing allows your workers’ compensation lawyer to gather and present evidence supporting your claim.

This is your opportunity to present your side and fight for the fair workers’ comp benefits you deserve. At WorkInjuryRights.Com™, we aren’t afraid to go to trial and win. We have a combined 45 years of experience in Florida workers’ compensation law and some of our attorneys have also represented workers’ comp insurance companies for valuable insight into the tactics they will use against you. We have successfully won numerous trial orders for our clients.

When Will a Workers' Compensation Claim Go to Trial?

There is no way to know if your workers' compensation claim will go to trial early in the process. It will depend on whether the workers' compensation insurance company has denied your claim or refused to provide the benefits you are entitled to receive.

The first step to a workers' compensation trial or final merit hearing is filing a Petition for Benefits (PFB). This petition is a claim for the benefits you are entitled to such as disability, reimbursement for medical expenses, or authorization for diagnostics. After this petition is filed, the insurance carrier has 14 days to respond.

After receiving this petition, the insurance carrier must submit an answer in writing. A state mediation must also take place within 120 days of filing a PFB unless it is withdrawn or resolved. During mediation, all parties discuss a possible resolution to the Petition for Benefits such as a settlement offer.

Filing a PFB is a critical step in your case as it forces the insurance carrier to make a decision. They run the risk of losing their case in a trial and being forced to pay your lawyer fees. They may also be forced to pay you penalties

If this mediation does not resolve the issues in your case and you are still not offered the full benefits you deserve, your case will move forward to a trial before a workers' compensation judge.

What Happens at a Workers' Compensation Trial in Florida?

In Florida, a workers' compensation trial or evidentiary hearing takes place before a workers' compensation judge and no jury. The first stage of the trial is a discovery process which allows your lawyer to gather evidence by taking depositions of witnesses and reviewing medical records.

During the trial, your workers' compensation lawyer will present the reasons why you are entitled to the benefits you are seeking through opening and closing arguments, witness testimony, and evidence. Your employer's attorney will also present their own witness testimony and evidence.

After hearing all of the evidence and arguments, the judge will make a decision.

How Work Injury Lawyers Can Help

The expertise and insight of a workers’ compensation lawyer can be invaluable in proving your case before the workers' compensation judge. This hearing is your final chance to fight for the benefits you deserve and the insurance company will be prepared with their own evidence and lawyers.

Our dedicated team of trial lawyers are ready to take your workers' compensation case to court to fight for your rights.

Has your workers' compensation claim been denied or the insurance company is refusing to give you the benefits you deserve? Call us today to schedule your free consultation. There are no costs or fees unless we win your case!

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Workers Compensation Hearings

What Happens at a Workers' Compensation Trial in Florida?

How Work Injury Lawyers Can Help

free consultation
Contact US

Workers Compensation Hearings

What Happens at a Workers' Compensation Trial in Florida?

How Work Injury Lawyers Can Help

free consultation Contact US

free consultation
Contact US