Search
Close this search box.

Workers’ Compensation

  1. Home
  2. »
  3. Workers’ Compensation

Fort Lauderdale Workers' Compensation Lawyer

Call Us For a Free Consultation: +1 (954) 963-0444

Have you been injured at work? If so, you may be eligible to receive workers’ compensation for your injuries and losses. With more than 50 years of legal experience, our Fort Lauderdale workers’ compensation attorneys are fully equipped and qualified to help you maximize your compensation. Regardless if your claim requires trial, appeal, or litigation, we stand ready to tirelessly fight to protect your rights.

Will I Have to Go to Court?

There are many cases in which you will not be required to make a court appearance because our attorneys will attend on your behalf and serve as your trusted advocates. At Rosenberg & Rosenberg, P.A., our mission is to make this process as quick and painless as possible. As such, while you focus on your physical recovery, we will focus on obtaining a full and fair compensation amount. We are here for you when you need us most.

Get answers to other common questions about workers’ compensation, such as:

  • Does my injury/illness qualify for workers’ comp?
  • How long do I have to notify my employer about my injury?
  • How long does my employer have to report my injury?
  • How much of my medical bills will be covered?
  • Do I get to choose my own doctor?
  • Will I be able to recover my lost wages?
  • What if I’m having problems receiving benefits?
  • Do I have to hire a workers’ compensation lawyer?

We are prepared to guide injured workers step-by-step through the claim or appeal process as quickly as possible. Our legal team has helped numerous workers successfully complete the workers’ compensation process.

Who is Eligible for Workers’ Compensation?

Florida requires most employers in the state to carry workers’ compensation insurance. Workers’ compensation is a type of no-fault insurance coverage that provides benefits to workers who have been injured on the job. Unless your work accident was due to willful negligence on your part, you should be entitled to workers’ compensation benefits.

You are eligible to file for workers’ compensation benefits if you meet the following requirements:

  • You are considered an employee of the company
  • Your employer carries workers’ compensation insurance
  • Your injury or illness was work-related
  • You have met Florida state’s guidelines for reporting your injury
  • You have met Florida state’s guidelines for filing your workers’ compensation claim

Although most employers in the state of Florida are required to carry workers’ compensation insurance, there are some exceptions. Insurance coverage can depend on the type of industry and number of employees an employer has. For example, a business in Florida with less than four employees is not required to have workers’ compensation insurance.

If you are not sure if your employer holds workers’ compensation insurance, and you’ve been injured on the job, speak to an experienced workers’ compensation attorney in Fort Lauderdale as soon as possible to learn more about your rights.

What Types of Workers’ Comp Benefits Are Available?

Workers’ comp benefits are available to employees who suffer injuries or illnesses during the course of performing job-related duties. Benefits are calculated according to the nature of a worker’s injury or illness, particularly if the injury results in partial, temporary, or permanent damages. At a minimum, these benefits should cover any and all medical treatment that you will require to achieve the maximum medical improvement (MMI).

Your workers’ compensation benefits may include:

  • Wage replacement
  • Physical therapy
  • Reemployment services
  • Doctor’s visits and hospitalization
  • Medical tests
  • Prescription medications
  • Prostheses
  • Mileage reimbursement

In addition to compensation for the costs of your medical treatment, workers’ compensation can also provide disability benefits to offset the income you are losing as a result of your injuries. Generally, such benefits are calculated at a rate of two-thirds of your average weekly wage and are paid on a bi-weekly basis.

There are several different types of disability benefits, including:

  • Temporary Total Benefits – For situations where you are entirely disabled while you work to recover from your injury, but are expected to be able to return to work at some time in the future.
  • Temporary Partial Benefits – Paid in cases where your doctor has released you to return to work, but you have not yet reached your maximum medical improvement and are only able to earn 80 percent or less of your normal wages.
  • Permanent Impairment Benefits – For situations where you have reached the maximum medical improvement yet still suffer from a physical, psychological, or functional impairment which is not expected to improve any further. Your benefits are paid based on the percentage of disability awarded by your doctor, which is referred to as an impairment rating.
  • Permanent Total Benefits – If you have been rendered totally disabled, are not expected to improve any further, and will not be able to work or support yourself and your family, you can receive benefits on a permanent basis.
  • Death Benefits – Provided that the death was the result of a workplace injury and it occurred within one year of the accident or five years of continuous disability, the surviving family members can recover funeral expenses up to $7,500 and dependency benefits up to $150,000.

Our Fort Lauderdale workers’ compensation lawyers understand how important it is for you to ensure that you receive the full value of benefits to which you are entitled, and we are prepared to protect your rights.

Common Reasons Why Workers’ Comp Claims Are Denied or Delayed

Not every workers’ compensation claim is the same, so the benefits payout timeline does vary from case to case. It’s also important to understand that insurance companies are notorious for going through each claim with a fine-toothed comb to find errors to either deny the claim outright or hold it up.

Here are some common reasons why workers’ comp claims get delayed or denied:

  • Inaccurate physician diagnosis
  • The injury or illness was believed to be pre-existing
  • The injury was deemed as non-disabling by a medical professional
  • The injury was not timely reported to the employer
  • The workers’ compensation claim was not submitted by the standard deadline
  • Lack of witnesses to the accident/injury
  • Missing paperwork and medical records required by the insurance company
  • Inconsistent information between the accident/injury report and medical records

What Is a Third-Party Claim? Do I Qualify?

Begin Building Your Effective Claim Today

Workplace injuries can create numerous burdens for victims and their families – physically, emotionally, and financially. At Rosenberg & Rosenberg, P.A., our workers’ compensation attorneys in Fort Lauderdale are committed to helping you and your loved ones through this tough time. We are passionate about helping you secure the benefits that you deserve and will work tirelessly to ensure you receive the amount that you deserve.

Reasons to entrust your case to our workers’ compensation lawyers:

  • We provide free consultations to start your case
  • We are available 24 hours a day and 7 days a week
  • We’ve recovered millions of dollars on behalf of our clients
  • We’ve served the local community for more than 50 years

Regardless of your unique workplace accident, we will serve as your advocates!

Call +1 (954) 963-0444 to set up your free initial consultation with our attorneys.

Workers' Compensation FAQ

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 Fort Lauderdale 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.