How Long Does A Florida Workers Compensation Claim Take
When you’ve just been injured on the job, chances are you’re mostly worried about finding the best medical care possible, staying afloat financially and either keeping your job or qualifying for a new one. Fortunately, if you hire a South Florida workers compensation (WC) attorney, you can be spared the added stress of keeping up with various mediation and hearing dates – once your initial petition for WC benefits has been filed. Although your lawyer should keep you regularly updated about the critical dates involving your claim, it may help you to review the following general sequence of events that often unfolds after your petition has been filed with Florida’s Division of Administrative Hearings (DOAH). Key Dates For Your Workers Comp Claim After a Petition for Benefits (PFB)
A mediation date will be set and all of the parties involved with your case will receive notice regarding it within 40 days of the filing of your petition;
- A public or private mediation must be scheduled within 130 days (roughly 4 months) after your petition was filed;
- Your attorney and all parties to your case must file a pretrial stipulations regarding your case;
- The Judge of Compensation Claims (JCC) must then give all parties – including the attorney representing you, at least 14 days of notice of a pretrial hearing that is set for your case. Appearance at a Pre Trial Conference in not necessary if a Pre Trial Stipulation has been filed at least two days prior to the conference.
- If all issues cannot be resolved during this pretrial hearing, a final hearing must be held within 90 days after the mediation conference or 210 days after the date your petition was filed;
- Based upon the outcome of the final hearing, the Judge of Compensation Claims (JCC) has 30 days to issue a final order on the merits of the issues that were in dispute during that hearing;
- Should you and your attorney decide to appeal that order issued by the JCC following the final hearing, your appeal must be filed with the First District Court Of Appeals (1DCA);
- Once this appeal is reviewed, a decision will be rendered. The JCC’s final order on the merits will either be affirmed, reversed (and remanded — sent back down for further review) based upon directions provided by the appellate court – as certified for further review by the Supreme Court of Florida. Fortunately, most cases are concluded after the final order on the merits has been issued following the final hearing.
Since this entire process can be rather confusing to anyone who’s new to it, hire a Florida worker’s compensation lawyer as soon after your injury as possible to avoid additional frustration and aggravation.
If you’ve suffered a serious worker’s compensation injury, contact the Maus Law Firm to learn more about your rights. The Maus Law Firm has offices in Fort Lauderdale, Pompano Beach and the Florida Keys, and handles accident and injury claims throughout Miami-Dade, Monroe, Collier, Lee, Broward and Palm Beach counties. You’ll need the help of an experienced South Florida worker’s compensation attorney on your side. Call Toll Free today at: (855) 999-LAWS, or locally at (954) 784-6310.