Workers’ Compensation
Workers injured on the job are often entitled to workers’ compensation benefits that cover medical expenses, lost income, and more. The application process can be complicated, especially if you are dealing with a severe injury.
The Florida workers’ compensation attorneys with Rosenberg & Rosenberg can help you navigate the application and appeal processes. We have over 50 years of experience helping injured workers pursue maximum workers’ comp benefits. Let our Florida personal injury lawyers fight for full compensation for your workplace injuries while you focus on recovering your health. Call now for a free consultation.
You could benefit from the assistance of a workers’ comp lawyer familiar with the process of submitting claims and appeals. Rosenberg & Rosenberg is a family-owned firm devoted to helping injured people seek justice and compensation.
We have recovered millions for our clients throughout Florida, and we can leverage all our extensive resources and experience to help you secure the benefits you need. Our Florida workers’ compensation attorneys provide comprehensive legal services and guidance throughout your case, including:
Understanding your legal rights and options can help you make an educated decision about your workers’ compensation claim. We offer free case evaluations with a member of our legal team. During your no-obligation consultation, we will listen to your story and explain your legal options.
If you decide to work with us, we can help you gather medical documentation, photos and videos, expert testimony, witness statements, and other evidence to substantiate your claim. The requirements for a workers’ compensation claim can be onerous. Our work injury lawyers know what it takes to build a compelling case on your behalf.
Our legal team can help you fill out the paperwork and review it before submission. Our workers’ comp attorneys are familiar with common pitfalls and oversights. We can also assist with the appeal process and file a lawsuit for negligence, if necessary.
In the event of a dispute, denial, or appeal, you may be asked to attend hearings, mediation, or other meetings with workers’ comp representatives, your employer, or a judge. At Rosenberg & Rosenberg, we prepare for and attend all meetings and other proceedings to represent your interests
Our law firm is founded on the desire to help people. We maintain a diverse team of attorneys from many backgrounds who are determined to protect your right to fair compensation. Every case is handled by a personal legal team, which includes a law firm partner assigned to each case.
We are committed to providing every client with the attention they deserve, which includes answering your questions and returning your calls promptly. You can also expect regular updates about your case, so you are never left wondering how your claim is progressing.
Workers’ compensation is a program designed to help people injured on the job recover their health and return to the workforce. Through a workers’ comp insurance policy, the employee may receive compensation for medical expenses and partial income replacement. If their work-related injury causes long-term impairment or disability, the employee may receive disability benefits or occupational rehabilitation.
Our workers’ comp law firm can pursue:
Workers’ compensation covers medically necessary treatment and supplies, per Florida Statutes § 440.13. This may include diagnostic procedures, treatment, rehabilitative care, prosthetics, medicines, medical devices, and other medical supplies. After the initial emergency treatment, you must receive your care and treatment from a physician approved by the workers’ compensation insurer.
You may receive benefits to cover the income you are losing due to your work injury. Usually, the benefit is up to 66 2/3 percent of your average weekly income, but this can differ depending on your situation.
Income replacement, also called disability benefits, is paid based on your level of disability:
If someone passes away as a result of a work-related injury or illness, their surviving family members or heirs can receive funeral expenses and income replacement benefits up to a certain limit. To be eligible, the worker’s death must have occurred within one year of the accident or after five years of continuous disability.
The Florida attorneys at Rosenberg & Rosenberg understand that you need these benefits to recover from an unexpected work-related accident. Our legal team can fight for the full benefits to which you may be entitled. Call now for more information.
Most employers in Florida must carry workers’ compensation coverage. However, some workers, businesses, and industries are exempt. You can only file a workers’ compensation claim if:
Independent contractors, offshore workers, and certain domestic and agricultural workers are not eligible to file workers’ compensation claims. If you are not sure whether your employer has workers’ comp coverage, you can contact the Bureau of Employee Assistance and Ombudsman (EAO) or search for your employer’s coverage online.
Some employers try to deny or avoid paying claims, even when employees are eligible. Our Florida workers’ compensation attorneys can review your case details and help you determine whether you qualify for benefits. If you are ineligible, we can help you understand your legal rights and discuss any other options available for recovering compensation.
To start a workers’ compensation claim, report the injury to your employer. Although you have 30 days to report your condition to your boss, you should tell them right away. Once you inform them, your employer has seven days to file a claim with their workers’ compensation insurance.
While your claim is being processed, seek medical treatment for your workplace injury from an authorized physician. Florida law allows you to change your treating physician once during your treatment period, and you may request a second opinion from a medical doctor who practices within the same specialty. If you are dissatisfied with the treatment from the authorized physician, you can request an Independent Medical Examination (IME).
Our workers’ comp attorneys are aware of the challenges you can face when seeking treatment and support for a workplace injury. We are here to guide and support you throughout the workers’ compensation process so you can recover the benefits you need as soon as possible.
Workers’ compensation carriers may deny a claim for many reasons. While some of these reasons are valid, many can be disputed or appealed. Insurance companies often attempt to delay or deny claims to protect their bottom line. Common reasons for workers’ compensation denials in Florida include:
If you miss the 30-day deadline to report your injury or illness, your employer or their workers’ compensation carrier may deny the claim all together. This may be especially common for workers with repetitive motion injuries or long-term illnesses that arise over time.
Medical records, including diagnostics, treatment plans, doctor’s notes, and invoices, must all be submitted to the insurance company upon request. If the workers’ comp insurance carrier is missing paperwork or the medical documentation is inconsistent, they may use it as an excuse to deny benefits.
Some workers’ compensation claims are denied because the employer or insurer insists the injury is not work-related. Our legal team can use witness statements, photos, videos, and accident reports to support your claim that the injury was due to a work-related activity or condition.
Some claims are denied due to simple typos and oversights. Even a small oversight can result in significant delays and sometimes an outright claim denial. Our workers’ compensation lawyers in Florida can review your paperwork and ensure that everything is submitted correctly and on time.
Your claim could be denied if workers’ compensation believes the injury is not covered under Florida law. Injuries are not eligible for workers’ compensation if:
Other exemptions can apply, so you benefit from working with a workers’ comp law firm familiar with Florida laws and regulations.
Florida does not allow workers with preexisting conditions to file a workers’ comp claim for that same condition. However, you can still claim compensation if your workplace injury combines with or worsens a preexisting condition, as long as you have medical evidence to show that your employment conditions are more than 50 percent responsible for your additional disability or need for treatment.
Workers’ compensation carriers are notorious for denying claims to protect their own profits. You can appeal an unfair denial if you can correct or address the reason for the denial. In some cases, this may be as simple as resubmitting corrected paperwork.
However, the insurer often wants more evidence or proof that the injury qualifies for workers’ compensation benefits. This may mean filing an appeal with additional medical documentation or statements from people who saw the injury occur. Rosenberg & Rosenberg can help you collect these materials and submit an appeal.
To dispute an unfair workers’ compensation denial, you must file a petition with the Office of the Judges of Compensation Claims (JCC) within two years of the date your claim was denied. The petition must include detailed information as outlined in Florida Statutes § 440.192.
You may also request mediation through the EAO, per Florida Statutes § 440.191, or seek a hearing with the JCC under Florida Statutes § 440.1926.
The workers’ compensation lawyers at Rosenberg & Rosenberg are familiar with the tactics Florida insurance providers use to deny and reduce claims. We have helped injured employees file claims, submit appeals, and take employers and insurers to court. Our legal team will not back down when it comes to seeking the compensation you deserve for a workplace injury. If your claims and appeals are denied, we can help you explore other ways to recover damages.
No matter how complicated your workers’ compensation case is, our attorneys have the knowledge, experience, and resources to help. We are well-versed in Florida workers’ compensation laws and procedures, and we have helped numerous people successfully recover benefits. We know how to navigate the claim process, appeal a denial, and file a lawsuit against a negligent third party, if necessary.
When you work with Rosenberg & Rosenberg, you can rest assured that our Florida workers’ compensation lawyers will do everything possible to help you secure the compensation you need following a workplace injury. Contact our office today to schedule a free consultation.
Workers' comp benefits are available to employees who experience work-related injuries or illnesses. This means that your injury or illness must result from job-related duties. This may include traumatic physical injuries, repetitive trauma, and occupational diseases, among other injuries caused by various types of workplace accidents.
You have 30 days to report your accident or injury to your employer.
Employers must file a report with their insurance company within 7 days of learning about a worker's injury.
Workers' compensation benefits cover a number of medical expenses, including but not limited to emergency room (ER) care, hospital stays, medical procedures, treatment, rehabilitation, and more. Generally, all treatment deemed necessary and ordered by a medical professional should be covered by your workers' compensation claim. Medical providers will submit authorized medical bills to your employer's insurance company for payment.
Florida law was changed in 1997 to require all employers to provide all medically necessary treatment through managed care arrangements. Workers must see authorized treating physicians; however, injured workers are allowed a one-time change in their authorized treating physician and are also allowed to obtain a second opinion by a doctor practicing the same specialty. They are also allowed one independent medical examination (IME) by a qualified treating physician if they are unsatisfied with the care provided by the authorized treating physician.
Under Florida law, workers' comp benefits are not paid for the first seven days of disability. If you lose time because your disability extends beyond 21 days, however, you may be paid for the first seven days by the insurance company. In most cases, your bi-weekly benefit payments will be 66.6 percent of your average weekly wage. Your average weekly wage is calculated using wages earned 13 weeks prior to your injury, excluding the week in which you were injured. If you worked less than 75 percent of the 13-week-period, a similar employee in the same employment who has worked 75 percent of the 13-week-period or your full-time weekly wage will be used. You should receive the first check within 21 days after reporting your injury to your employer.
Working with a Florida workers' comp attorney from Rosenberg & Rosenberg, P.A. can ensure that your claim proceeds as swiftly and smoothly as possible. Our legal team is prepared to evaluate your case and determine the most appropriate course of action to best meet your needs and maximize your financial recovery.
You are not legally required to have representation when filing a workers' compensation claim, but having an experienced lawyer by your side can increase your chances of receiving the benefits you need as quickly as possible. Our attorneys work closely with clients, educate them about their rights, and walk them through the claim or appeal process step by step. When you depend on these benefits to support yourself and your family during tough times, there is no substitute for a knowledgeable lawyer who will advocate on your behalf from start to finish.