A Florida Workers’ Compensation Guide from an Experienced Fort Lauderdale Workers’ Compensation Attorney

December 1, 2024 – David M. Benenfeld

For injured workers in Florida, navigating the workers’ compensation system can be difficult. Workplace accidents are hard enough to deal with, but you may also have many questions about workers’ comp benefits, the process for a workers’ comp claim, and the workers’ comp benefits available under Florida laws.

As an experienced workers’ comp attorney in Sunrise who helps clients throughout South Florida, I understand the concerns of an injured worker. This Florida workers’ compensation guide will give you an understanding of how the system works and what to do if you have had a workplace injury.

If you have questions or need help with your claim, call us at (954) 677-0155(954) 677-0155 to schedule your free consultation.

What is Workers’ Compensation in Florida?

Workers’ compensation is a state-mandated insurance program that provides benefits to employees who suffer injuries in a work-related accident. In Florida, most employers with four or more employees must carry workers’ compensation insurance. If your injury happened on the job, you may seek benefits like medical care, temporary disability benefits, permanent disability benefits, and vocational rehabilitation. For more information on these workers’ compensation benefits, read our blog here.

Because workers’ compensation is a no-fault system, you do not have to prove that your employer did something wrong to receive benefits. However, as an experienced attorney knows, this rule has some exceptions; for example, if your work-related injuries happened because of your own intentional misconduct or if you were under the influence of drugs or alcohol at the time of the work-related incident your claim for benefits may have some challenges.

Insight from an Experienced Lawyer: Workers’ compensation protects you as an employee. Even if your employer was not at fault for your injury, you could still have a right to workers’ compensation benefits.

Reporting Your Workplace Injury

If you’ve had a workplace injury, report the incident to your employer as soon as possible. Florida laws allow injured employees 30 days from the date of workplace injuries to notify their employers. If you don’t tell your employer about your workplace injury within this timeframe, your workers’ comp claim could be denied. That’s why we recommend telling your employer immediately about your accident, if possible.

When reporting workplace injuries, employees should give employers as much detail as possible, including:

The date, time, and location of the incident
A description of how the injury occurred
A description of your injuries and any symptoms you’re experiencing
The names of any witnesses to the incident

Injured workers can support their workers’ comp case by documenting their injuries. Use your phone to take photos of any visible injuries and gather witness statements from anyone who saw the accident. Keep a copy of your injury report and any other important documentation like medical records.

Insight from a Workers’ Compensation Attorney: Reporting your injury right away supports the success of your workers’ compensation claim. If you wait to tell your employer, the insurance company could use this as a reason to deny your claim.

Seek Immediate Medical Attention

After you tell your employer about your injury, they should give you a list of authorized medical providers. In Florida, injured workers must get medical treatment from an authorized provider for medical expenses to be covered under workers’ compensation.

As the authorized provider conducts your medical exam, tell them that your injury is work-related. Give them your employer’s information and your claim number, if available. Make sure you attend all of your medical appointments and follow your doctor’s treatment plan. If you don’t, your workers’ comp benefits could be suspended or terminated.

To support your case, keep detailed records of your medical treatment, including:

Doctor’s notes and treatment plans
Diagnostic test results (e.g., X-rays, MRIs)
Medical bills
Prescriptions and receipts for any medications
Mileage and receipts for travel to and from medical appointments

Insight from a Workers’ Compensation Lawyer: Don’t delay getting medical treatment for your work-related injury. Your health comes first, and as experienced workers’ compensation attorneys know, when injured workers delay treatment, it harms their recovery and makes the workers’ compensation insurance company question if your claim is valid.

Moving Through Workers’ Compensation Claims

After you have told your employer about your work-related injury, your employer should let their workers’ compensation insurance company know about it. The insurance company will take over the claims process from there. Here’s what injured workers can expect:

Information Packet: Within 3 days of receiving the First Report of Injury or Illness from your employer, the workers’ compensation insurance company should send you an information packet containing details about your rights and a copy of the accident report.
Claim Acceptance or Denial: The workers’ compensation insurance carrier will investigate your claim and decide whether to accept or deny it. If they accept your claim, you should start receiving benefits within 21 days of the date you reported your injury. If they deny your claim, the insurance company must tell you within 120 days of you reporting the injury. An injured worker has the right to appeal the decision. However, the appeals process can be complicated and take a lot of time, so seeking the assistance of an experienced Florida workers’ compensation lawyer is a good idea.
Workers’ Comp Benefits: If the insurance company accepts your claim, you’ll receive benefits based on your injuries and ability to work. For example, benefits for severe injuries may include medical treatment, temporary total disability (TTD) or temporary partial disability (TPD) payments, and impairment benefits if you’ve reached maximum medical improvement (MMI).
Dispute Resolution: If the insurance company denies your claim or you disagree with your benefits, you may seek to resolve the dispute by contacting the insurance adjuster or asking for help from the Florida Employee Assistance and Ombudsman Office (EAO).
Mediation and Hearings: If the dispute cannot be resolved, your workers’ comp case may go through mediation, a pre-trial hearing, and a final hearing before a Judge of Compensation Claims (JCC) who will make a decision about your benefits.
Appeals: If the injured worker or the insurance company disagrees with the JCC’s decision, they can appeal to the First District Court of Appeal within 30 days of the decision date.

Insight from a Workers’ Compensation Lawyer: Throughout your workers’ compensation claim, attend all required medical appointments, follow your doctor’s treatment plan, and keep detailed records of your medical expenses and communications with the insurance carrier. If you have any questions or concerns about your rights or your workers’ compensation claim, contact an experienced workers’ compensation lawyer.

Workplace Injuries and the Return to Work

If your doctor says you can return to work, your employer may offer you light duty or modified work. If you refuse to accept this work, your workers’ compensation benefits may be suspended or terminated. However, if your doctor has not released you to return to work, or if your employer does not offer you work that you are able to perform with your physical limitations, you could continue to receive temporary partial disability benefits.

If you cannot return to your previous job due to your injuries, you may qualify for vocational rehabilitation services, which can include:

Job training
Education
Job placement assistance

Insight from a Workers’ Compensation Lawyer: If your employer offers you light duty or modified work, take the time to think about whether you can physically perform the tasks. Don’t feel pressured to return to work before you’re ready, as this could worsen your injury and jeopardize your benefits.

Remember, if you have any questions or concerns about your workers’ compensation claim, don’t hesitate to reach out to a Fort Lauderdale workers’ compensation lawyer for guidance and support. With the right help and information, you can navigate the workers’ compensation system and get the benefits you need to move forward after a work-related injury.

Do You Need Legal Representation to Pursue the Workers’ Compensation Benefits You Need for Your Workplace Injuries?

Dealing with a workers’ compensation claim can add more stress to the life of an injured worker who is already coping with lost wages, physical pain and possibly even extensive medical treatment — which could include physical therapy — following a workplace accident. If you have been hurt, all you want is to be treated fairly and receive the medical benefits provided by Florida’s workers’ comp system.

You don’t have to go through it alone.

If you’ve experienced a workplace injury, the Law Offices of David M. Benenfeld is here to help you understand your rights and seek medical benefits under Florida’s workers’ compensation law.

Don’t let the stress of a workers’ compensation claim get in the way of your recovery. Contact our law firm today for a free initial consultation with a Fort Lauderdale workers’ compensation attorney at (954) 677-0155(954) 677-0155 or by completing our online form.

Whether it’s discussing your eligibility for benefits, guiding you through the claims process, or representing you in disputes, our workers’ compensation lawyers and legal staff are here for you every step of the way. With our guidance, you can seek financial support and the necessary medical care to recover from your workplace injury with peace of mind. We work on a contingency fee basis, which means you do not pay us until we win your case.

At the Law Offices of David M. Benenfeld, If You’ve Been Hurt – We Can Help!

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.

Law Offices of David M. Benenfeld, P.A.
7800 West Oakland Park Blvd, Building F, Suite 216
Sunrise, FL 33351
(954) 677-0155(954) 677-0155
https://injurylawservice.com/