South Florida Workers’ Compensation Lawyer

At the Law Offices of David M. Benenfeld, P.A. we help injured workers in South Florida seek recovery by pursuing a workers’ compensation claim and guiding our clients through the workers’ comp process following a workplace injury.

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We Help Injured Workers File Workers’ Compensation Claims in Pursuit of The Workers’ Comp Benefits They Need in South Florida

Workers injured on the job in South Florida often face challenges with the complex workers’ compensation system. From physical labor at construction sites to clerical work in offices, accidents happen in all kinds of jobs. A skilled workers’ compensation lawyer can help injured employees understand their rights and pursue the benefits they need. Contact our experienced South Florida workers’ compensation attorneys at the Law Offices of David M. Benenfeld, P.A. to schedule a free consultation.

In Florida, injured workers are usually eligible for financial benefits for time missed from work. This relief helps with recuperation and reimburses certain losses. Our South Florida workers’ compensation lawyers at the Law Offices of David M. Benenfeld, P.A. guide clients through every step of the claims process, from dealing with insurance companies to pursuing proper medical care, obtaining lost wages as well as lump sum settlements. Every case is different, so benefits can vary. However, if you’ve been hurt on the job, know that you have rights. Protecting those rights isn’t always easy, as employers and insurance companies may not provide the needed compensation and medical care promptly, or even at all.

The Florida Workers’ Compensation system is supposed to be a “self executing” system in that when you get hurt, the Workers’ Compensation Insurance carriers are supposed to automatically provide you with all the benefits for which you may be eligible under the law. Unfortunately, although this was the intent of the law when it was written and the notion that the law is “self executing” this just simply isn’t the case. The Florida Workers’ Compensation system can be unreliable. Once you get hurt, and you file a claim, your claim will now be handled by the insurance company. The person handling your claim for the insurance company works for the insurance company, not you. Their client is not you, but rather your employer. Put very simply, they work for your boss. Who do you think they want to make happy? — You, or their boss?

Workers’ comp insurance companies prioritize their own profits, often taking advantage of injured workers unfamiliar with workers’ comp rules. Many employees accept settlements without realizing they might need more. Out of all the various types of insurance, Workers’ Compensation adjusters are notorious for denying claims for needed treatment, or deeming legitimate costs as “unnecessary” or “not their responsibility.” You need an experienced South Florida workers’ comp attorney like David M. Benenfeld on your side — a proven advocate for injured workers who knows the insurance companies’ tactics and who will pursue your interests.

The attorneys at Law Offices of David M. Benenfeld, P.A. assist injured workers in South Florida with their claims. We guide them through the legal process to seek wage replacement benefits,medical care as well as lump settlements. With a deep understanding of Florida’s workers’ compensation law, we protect our clients’ rights and seek fair compensation for workplace injuries. Schedule a free consultation at (954) 677-0155(954) 677-0155 or fill out our online form to discuss your unique case and plan your legal strategy. If You’ve Been Hurt – We Can Help!

Our South Florida Workers’ Comp Attorneys Are Here For You

You work hard and shouldn’t have to pay out-of-pocket for a work injury. A skilled South Florida workers’ compensation lawyer can help you pursue the compensation you need. Each case is unique, but we can assess your situation and guide you through your claim.

Workers’ comp can be complex, but we’re here to help. In the following sections, our South Florida workers’ compensation attorneys will outline the steps we can take for your case and answer some common questions about workers’ comp in South Florida.

Key Takeaways:

The Law Offices of David M. Benenfeld, P.A. assists injured workers in South Florida with workers’ comp claims.
Workers’ comp covers medical bills and partial lost wages.
Reporting accidents immediately and seeking medical attention are important steps to protect your rights.
The statute of limitations for filing in Florida is typically two years.
You may have a third-party injury claim in addition to workers’ comp.
The Law Offices of David M. Benenfeld offers free consultations to review accidents and explain legal options in South Florida.

What Are Some Common Workers’ Compensation Injuries in South Florida?

Workplace injuries can vary widely based on job duties. A mechanic might be hurt by a machine, while a secretary could be injured in a car accident while on an errand.

Here are common workers’ compensation injuries in South Florida:

Car accidents or other motor vehicle accidents during work
Truck accidents in the course of employment
Slip and fall accidents at work
Catastrophic injury
Amputation injury
Construction accidents
Demolition accidents
Building collapse accidents
Brain injury
Back injury
Spinal cord injury
Neck Injury
Hand Injury
Foot Injury
Head Injury
Shoulder and knee injury
Crane accidents
Falls from heights
Scaffold & ladder accidents
Injured by falling equipment or other objects
Machinery accidents (may involve product liability)
Muscle strain / soft tissue damage
Bone fracture
Heavy equipment accidents
Other warehouse accidents
Repetitive strain injuries
Burns or explosions
Electrocution
Noise exposure (hearing loss)
Walking into objects
Loss of limb (Amputations)
Cuts or lacerations
Assault, fights breaking out at work, workplace violence, etc.

Workers in South Florida face common risks like back strains, slips and falls, and repetitive motion injuries, often needing extensive medical care. Construction sites and industrial facilities have higher dangers, causing severe injuries like falls, equipment accidents, and crush incidents, sometimes leading to permanent disabilities. Our South Florida workman’s comp attorneys can help you claim the damages you need.

Under Florida Law, What Compensation Can an Injured Employee Claim Through Workers’ Comp in South Florida?

Injured workers in South Florida can claim various types of compensation through workers’ comp. A South Florida workers’ compensation attorney can help navigate filing claims for workplace injuries, pursuing workers’ comp benefits to support your recovery.

Workers’ comp in Florida can cover:

Authorized medical treatment
Physical therapy
Vocational rehabilitation
Mileage for medical visits
Lost wages (partial)
Funeral costs and death benefits (for wrongful death)

These benefits have limitations. If a claim is denied, a South Florida workers’ comp lawyer can assist with the appeal to seek necessary compensation.

When you suffer an injury, the values of your losses are known as damages. Workers’ comp can include health care costs, physical therapy, vocational rehabilitation, and partial lost wages we have mentioned above. An experienced work injury attorney can help explore your compensation options, which may include lump sum settlements.

How Workers’ Comp Is Supposed to Work vs. How It Actually Works in South Florida

The Florida Workers’ Compensation system aims to simplify compensation for injured workers and make the claims process efficient for employers. It was designed to be a “self-executing system” that’s cheaper, faster, and less litigious than personal injury claims. Combined with the regulations of the Occupational Safety and Health Administration designed to prevent workplace injuries, one might expect safer workplaces with far fewer occupational injury incidents and an easy path to prove a valid workers’ comp claim and gain access to workers’ comp benefits in cases where such accidents do occur. Unfortunately, successfully claiming workers’ compensation in Florida is often quite difficult for injured employees.

In reality, workers’ comp claims are not self-executing. Injured workers must submit claims to their employers, who carry insurance for workplace injuries. Insurers then appraise and decide the claim’s value, often protecting their own interests, while taking advantage of the injured.

This leads to accident victims hiring lawyers, defeating the purpose of workers’ compensation. The process is slow, full of red tape, and insurers often give claimants the runaround, requiring medical exams by doctors who work for them and downplay injuries.

At The Law Offices of David M. Benenfeld P.A., we understand these tactics. We know the insurance companies, their adjusters, lawyers, and doctors. Because of this, insurers often negotiate more reasonably with us involved. Studies show that injury victims with experienced lawyers recover more. Our South Florida workers’ comp lawyers offer free consultations and work on a contingency fee basis to help injured workers seek the compensation they need.

Workers’ Compensation in Florida

The process starts when an employee reports an injury. The employer must then notify their insurance carrier, who decides if benefits are approved. If denied, workers can appeal with a South Florida workers’ comp lawyer. This system is no-fault, so benefits are available regardless of negligence.

Once approved, injured workers in South Florida can access medical treatment and wage replacement. The aim is to provide care and financial support until maximum medical improvement (MMI) is achieved. In severe cases or those involving fatal accidents at work or wrongful death, additional benefits may be available for family members.

Evaluating Your Workers’ Comp Case in South Florida

Evaluating a workers’ compensation case in South Florida involves several key steps. Our experienced attorneys provide free consultations to assess claims, examining the workplace accident, involved parties, and evidence to support the injuries.

We also review the worker’s medical status and income. By checking medical records, we determine if maximum medical improvement has been reached, which helps understand the long-term impact on earning capacity.

A complete evaluation gives workers a clear view of their options. A South Florida workers’ compensation lawyer can guide you through:

Gathering medical documents
Assessing income and wage loss impact
Determining benefits
Filing the claim
Representing in negotiations or hearings

What To Do Following a Workplace Injury in South Florida

After a workplace injury in South Florida, employees must act fast to protect their rights. Report the incident to your employer immediately to properly document your injury and start the workers’ compensation process.

Seek medical attention right away, even for minor injuries like carpal tunnel syndrome. Note that your choice of healthcare provider may be limited by your employer’s workers’ compensation policy.

For severe injuries like traumatic brain injury, spinal cord injury, amputation, or severe burns, consider options beyond workers’ compensation, such as social security disability benefits. Consulting a South Florida workers’ compensation attorney can help you navigate these steps:

Document the accident and injury details
File a workers’ compensation claim
Gather medical records and evidence
Communicate with the employer and insurance company
Appeal denied claims if necessary
Explore additional compensation options

Proving Your South Florida Workers’ Comp Case

To prove a workers’ comp case in South Florida, you need solid documentation. Show your injury or illness happened at work, even during overtime or a job-related car accident. Key evidence includes medical records, witness statements, and accident reports.

You must prove the injury’s impact on your work ability, covering physical, mental, or chronic pain issues. It is important that you carefully document all symptoms to pursue the right benefits. Our workers’ compensation lawyers can help you with this process.

How to Prove a Work Injury in South Florida

To claim workers’ compensation in Florida, you must prove your injury or illness happened at work. This can be tricky.

Insurance companies might argue your injury wasn’t work-related. But you don’t have to fight alone. A skilled South Florida workers’ comp attorney can help show the link between your job and your injury. They will use evidence and experts to strengthen your case, ensuring you pursue the compensation you need.

Workers’ Compensation Policies

The majority of Workers’ Compensation policies require that the injured party undergo a consultation from a doctor, which would seem reasonable, but more often than not, these doctors are paid by the insurance companies themselves. They usually recommend what is called palliative treatment. This is basically the least expensive and least effective treatment that they can suggest. The purpose of this is to treat the symptoms as opposed to the actual injury, which does two things for the insurance company: First, it covers their legal obligation to “do something” without resorting to more effective and more costly treatments. And second, it gives them time, which is an important tool that the insurance companies have on their side.

An insurance company has the luxury of waiting. An injured worker does not. Medical bills, paying the mortgage, and feeding a family are real costs that can very quickly place a worker in serious financial jeopardy, particularly if the injury is the sort that prevents him or her from fulfilling other employment requirements. Time is not something the average workers’ compensation injured worker has.

At the Law Offices of David M. Benenfeld, we handle workers’ comp claims involving the following insurance companies or claims centers, and more:

We have helped injured workers seek recovery through workers’ comp claims involving the above organizations and several others like them. We know how each of these companies handles and responds to claims, and we can discuss the right approach to your workers’ comp claim during your free case evaluation.

Insurance Companies Often Do Surveillance on Claimants to Seek Evidence to Deny Your Claim or Cancel Benefits

Delaying and arguing over every claim also gives the insurance companies plenty of time to hire private investigators. While that might sound far-fetched and even paranoid, we’ve had plenty of experience in dealing with them. It is their job to keep an eye on you and catch you doing something that would give the insurance company yet another reason to cancel your benefits. Something as seemingly unimportant as not limping severely enough could be used against you. Catching people in situations that benefit insurance companies is big business for private investigators. It’s developed into such a profitable sideline for them that there are actually textbooks published on the subject.

Not only do investigators do surveillance of injured workers, but they also dig into their backgrounds, looking for anything that could keep them from issuing benefits. If you lifted weights regularly or played football on weekends with your friends, then maybe, according to the insurance company, that was the reason you threw your back out instead of the injury that you suffered at work. Insurers take their profits very seriously, and they are always looking for any way to minimize their liability.

Inadequate Lump Settlement Payments

Another insurance company tactic is to offer an inadequate lump settlement payment to workers’ compensation recipients. To many injured workers that are tired of the constant paperwork and accusations, this would seem like a blessing. But the initial offer for a lump sum payment is usually far less than what an injured worker needs, and accepting a settlement offer without an attorney to fight for your rights could be disastrous.

Insurance companies also have enormous public relations machines that give the public the perception that the majority of workers’ compensation claims are based on fraud and deceit. We see these stories on television and in our newspapers on an almost daily basis. Despite being a very profitable industry, insurance companies complain about “frivolous lawsuits” driving them into bankruptcy and raise their rates almost every year, even though their reasons for doing so have very little to do with “frivolous lawsuits” and everything to do with investors and annual profit reports.

An Experienced South Florida Workers’ Comp Attorney Who Knows The Insurance Companies’ Strategies and Tactics

Workers’ Compensation Insurance adjusters may take advantage of what you don’t know. It is for that reason that victims of work-related injuries should always check with an experienced attorney to make sure that they are being treated fairly. In South Florida, that attorney is David M. Benenfeld.

If you have been injured in a work-related accident, your intention is probably to recover as quickly and as permanently as possible so you can return to work. That’s what workers’ compensation is supposed to be for. Unfortunately, these days it takes first rate legal acumen to make the insurers live up to their end of the contract. David Benenfeld knows the insurance company tactics, he knows the doctors, he knows how the investigators work, and he knows what it takes to seek the treatment and compensation that you need. And fortunately for his clients, the insurers know him.

How Long Does A Workers’ Comp Claim Take To Resolve in South Florida?

The time it takes to resolve a workers’ compensation claim in South Florida varies. Simple cases with minor injuries might be settled in weeks, while severe cases could take months or years. There is no standard timeline, as it depends on factors like the injury’s severity, recovery time, medical needs, and the insurance company’s cooperation.

At The Law Offices of David M. Benenfeld, P.A., we prioritize your health by connecting you with necessary medical care. Then we focus on seeking the full financial compensation you need.

Our workers’ compensation cases typically resolve in 6 to 8 months for claims without surgery. We collaborate with insurance lawyers to pursue the funds you need during this time to support yourself. Each case is unique, with no guaranteed timelines. By scheduling an appointment at our South Florida office, we can better estimate your claim’s timeline and value.

The evaluation process, including medical assessments and insurance documentation, impacts the claim’s duration. Legal representation is crucial; an experienced attorney can navigate the system, file documents promptly, and advocate for fair compensation, potentially speeding up the resolution.

Is There A Time Limit For Filing A Workers’ Comp Claim In South Florida?

Pursuing a workers’ comp claim in South Florida involves important deadlines:

Notify your employer of your work-related injury or illness within 30 days from the incident or discovery.
File a claim for workers’ comp benefits within two years, or within one year from your last authorized medical care.

These timelines can be tricky, especially for conditions like carpal tunnel syndrome that develop over time. Insurers may argue that the two-year period starts at your first doctor visit, but this might not be fair.

An experienced South Florida workplace injury attorney can help establish a reasonable timeline and meet filing deadlines.

The Statute of Limitations for a Workers’ Comp Claim in South Florida

In South Florida, injured workers have two years from the injury date or one year from the last authorized medical treatment to file a workers’ compensation claim before the statute of limitations expires. Immediate medical attention is essential for any injury to avoid complications in the claims process.

For gradual injuries, like repetitive stress, the time limit starts when the worker realizes the condition is job-related. A South Florida workers’ compensation attorney can help determine the correct filing deadline and submit the necessary documents on time.

If disputes arise, the case may go to mediation or a hearing. A skilled workers’ comp attorney can gather medical records, negotiate with insurance companies, present the case, meet deadlines in a timely fashion, and appeal unfavorable decisions. Contacting an experienced South Florida workers’ compensation lawyer promptly after an injury is crucial.

Injured Workers in South Florida May be Able to File a Third-Party Personal Injury Claim Along with Their Workers’ Compensation Case

If you are able to pursue a third-party injury claim, it can cover additional damages beyond those in your workers comp claim. For instance, a truck driver hurt by a careless driver on the job could sue the at-fault driver in addition to filing for workers’ comp.

Severe injuries needing surgery or causing brain damage may require long-term medical care that workers’ comp benefits might not fully cover. In such cases, a separate third-party personal injury lawsuit can help with extra medical costs and lost wages, easing financial strain.

A skilled workers’ compensation attorney in South Florida can determine if a third-party claim is possible. Our lawyers assist injured workers through the legal process, seeking both workers’ comp and personal injury claims to seek the maximum compensation under the law.

Can I File a Personal Injury Lawsuit, or Only a Workers’ Comp Claim?

Under some circumstances, you may be able to file a personal injury lawsuit along with or instead of a workers’ comp claim. This separate injury claim might be against your employer or a third party.

Whether you can file a third-party lawsuit depends on your case. If a third-party claim is possible, it may offer you more relief than workers’ comp alone. You need to prove negligence for a third-party claim. We can review your case in a free consultation to see if you have a third-party claim.

I’m a low-wage employee in the South Florida area. Can I afford a lawyer?

Your injury may have put you in a tough spot financially, and you might worry about the cost of hiring a South Florida workers’ comp lawyer.

At The Law Offices of David M. Benenfeld P.A., we work on a contingency fee basis, meaning our fee is a percentage of your recovery. You pay nothing upfront or out-of-pocket. If we don’t win, you owe us nothing.

We also offer free consultations for personal injury and workers’ comp cases.

Consultation Step	Purpose
Case Review	Examine accident details and medical records
Legal Options	Explain workers’ compensation benefits and potential third-party claims
Strategy Planning	Develop a tailored approach to pursue fair compensation

In our office, everyone can afford an attorney. After an occupational injury, you need a strong legal advocate. Hire an experienced South Florida Workers’ Comp Attorney without worrying about legal fees.

How Our Experienced South Florida Workers’ Compensation Attorneys at the Law Offices of David M. Benenfeld Can Help

If you’ve been injured or hurt on the job in Florida, you probably have many questions:

How does the Workers’ compensation process work?
What are my rights?
Can I choose my own doctor?

If you’ve been hurt on the job in South Florida, you are probably also overwhelmed by how you feel. You are probably wondering when (or if) you’ll be awarded any money while you recuperate, or even whether or not you’ll be able to access medical care for the injuries that you have suffered. Don’t take a chance by trying to handle your claim by yourself — hire an experienced lawyer like David M. Benenfeld.

Our skilled South Florida workers’ compensation attorneys assist injured workers in navigating the complex claims process, filing necessary documentation, and completing procedures in a timely manner. We guide clients to appropriate medical care and pursue fair compensation, helping them seek maximum medical improvement. Our attorneys also identify potential third-party claims to seek additional compensation through personal injury lawsuits. By working on a contingency fee basis and offering free consultations, we provide essential support during challenging times.

Schedule a Free Consultation with the Law Offices of David M. Benenfeld, P.A. to Discuss Your Workers’ Compensation Claim and Plan Your Legal Strategy Following a Workplace Injury in South Florida.

If you have been injured in a work-related accident, or are suffering from an illness brought on by your working conditions, the Law Offices of David Benenfeld can help. Let’s discuss the details of your situation during a free consultation. If it turns out that you are being treated fairly by your insurer, we will tell you. If you aren’t being treated fairly, we will do everything we can to see that your situation is corrected.

We provide honest feedback—if your insurer is fair, we’ll tell you. If not, we’ll fight for your financial justice. This initial assessment is free. Because our firm operates on a contingency fee basis for workers’ compensation cases, you pay nothing upfront. We are only paid if we win compensation for you, aligning our interests with yours.

Over a decade of personal injury experience has made David Benenfeld a known and respected advocate for the injured among insurers, and they take the needs of his clients very seriously. David places a priority on helping injured workers pursue access to medical care, seeking money for victims while they recuperate, coordinating transportation for the injured worker to medical appointments when needed, and pursuing lump sum settlements that are fair for the injured worker instead of convenient for the insurers.

Injured in a work-related accident? The Law Offices of David M. Benenfeld, P.A. is here to help. Start with a free consultation. Our South Florida workers’ compensation lawyers require appointments, so contact us now at (954) 677-0155(954) 677-0155 or fill out our online form . We’ll review your workplace accident, discuss legal strategies, and explain the Florida workers’ comp process. We have offices to serve you in Sunrise, Fort Lauderdale, and West Palm Beach.

If You’ve Been Hurt – We Can Help!