Workers’ Compensation Process in Florida

The Process for Seeking Workers’ Compensation Benefits in Florida

For anyone seeking treatment or laid up in recovery, completing a claim may take more energy than you have to spare. If you find yourself in this situation, our workers’ compensation lawyers at Rosenberg & Rosenberg can guide you through the process step by step and take on much of the work for you.

The general workers’ compensation process in Florida is as follows:

• Report Your Injury – Once you are injured at work or become aware of a work-related illness, you have 30 days to report the injury or illness to your employer. You will then have two years to file a workers’ compensation claim.
• Seek Legal Representation – Speaking with our lawyers early in the process can ensure you are prepared for next steps and unexpected challenges. It can also help you start building a strong claim right away before pivotal evidence is lost.
• Gather Evidence – When preparing a claim, you (or your attorney) should work on securing evidence and information about the nature of your accident and injury. This includes information from witnesses and authorized medical professionals who treat your injury or illness.
• Independent Medical Examination – You must submit to an independent medical examination to determine the nature of your injury or illness. Your benefits will be based on the severity of your injury and the expected longevity of its effects.
• Claim Decision – If your claim is approved, you should receive your benefits within 21 days of reporting your injury. If it is denied, you may be able to file a workers’ compensation claim appeal.

Our legal team can thoroughly explain each step of the process according to your situation. We can also assist with gathering evidence, submitting paperwork, and negotiating your settlement. When it comes to helping clients pursue the right amount of compensation, we put in the work, every time.

What Do You Get for Going Through the Workers’ Comp Process?

If your claim is successful, you will receive:

• All medical care necessary to recover from your injury, free of charge, from a doctor chosen by your employer or their insurer.
• Reimbursement for two-thirds of your normal weekly salary until you are able to return to work.
• Permanent disability payments if you are unable to ever go back to work in any capacity. The amount you receive will depend on a doctor’s assessment of your condition and its impact on your career.
• Money for vocational retraining or education, if you are still able to work but need to find a new type of job.

If your loved one suffered a fatal injury while on the job, you could recover death benefits to help support yourself and your family.

The Process for Appealing a Workers’ Compensation Denial in Florida

Even if your claim was denied, you still deserve the benefits you’re entitled to. There could be many reasons why the insurance company denied your claim, including:

• They misplaced, misinterpreted, or never received important evidence
• They do not want to pay your claim
• They believe your injury is not connected with your job or that your injury is not as bad as you say it is

Fortunately, Florida’s workers’ compensation system provides you with several options for resolving claim disputes. According to Florida’s Chief Financial Officer (CFO), these options include:

• Hiring our workers’ comp attorneys to explain what your rights are and how you can protect them as your case moves forward
• Contacting the Employee Assistance Office (EAO) to help you resolve the dispute
• Petitioning the Office of the Judges of Compensation Claims to get the benefits you feel you deserve

Call Rosenberg & Rosenberg today for a free case evaluation and let our family-owned law firm figure out how to get you the benefits your family is depending on.

Which Employees Must Go Through the Workers’ Compensation Process?

Any Florida employee who decides to seek workers’ compensation benefits must go through the process outlined above. Eligible employees include those who:

• Work for an employer who has workers’ compensation insurance. Under Florida law, most employers are required to carry insurance. The only exceptions are for very small businesses or employers in particular industries.
• Suffer a work-related injury or illness. Only injuries that happen while you are working qualify you for benefits. This includes new injuries as well as injuries that worsen a preexisting condition.
• Were doing their job when they were injured. Workers’ comp insurance only covers injuries that happen while you are performing your normal, expected job duties.

Examples of Situations Where You Could File a Workers’ Comp Claim in Florida

The workers’ compensation attorneys at Rosenberg & Rosenberg have helped clients in a wide range of occupations file claims and recover benefits after facing injuries of all kinds, including but not limited to:

• Falls from heights: Construction workers, for instance, may often work on ladders or scaffolds. They may be especially prone to fall injuries if they are not given proper protection.

• Slip and fall accidents: Liquid spills and tripping hazards should be picked up immediately before someone falls.

• Motor vehicle accidents: If you drive regularly as part of your job, you could receive compensation if another car hits your vehicle or runs you off the road.

• Repetitive stress injuries: Workers who repeat the same motions with their hands, arms, feet, or legs may develop painful conditions—such as bursitis or carpal tunnel syndrome—over time.

• Occupational diseases: For example, people who frequently work around chemicals may be at risk of certain illnesses, including cancer. Medical professionals may also be exposed to dangerous illnesses, especially if not given proper warnings, training, and protection.

• Mental illnesses: Mental health issues are covered by workers’ comp, but the criteria for receiving benefits is much stricter in these cases. Our legal team can help you prove a connection between your diagnosed mental illness and conditions at your workplace.

Even if you are in a low-risk industry like office work, you are entitled to workers’ compensation coverage. Our firm has over 50 years of experience with helping injury victims like you get the money you need and deserve. 

How Our Workers’ Comp Attorneys Can Help You Get Benefits

Your right to workers’ compensation benefits after a workplace injury is protected by law. That does not mean the process of seeking those benefits will be easy. Rosenberg & Rosenberg can guide you through every step of the process by:

• Meeting deadlines: It is critical to act swiftly to protect your right to benefits. We encourage you to speak to us as soon as possible after you get medical treatment.
• Filing paperwork: Under Florida Statutes § 440.192, even something as simple as forgetting to include your employer’s telephone number on your petition for benefits could prompt the judge to dismiss part or all of your claim. Our workers’ compensation law firm can review your paperwork and make sure it is complete and accurate.
• Collecting evidence: Let our legal team support your case with records from your treating physicians and your employer, statements from witnesses and coworkers, and photos or video from the accident scene.
• Dealing with retaliation: It is illegal to retaliate against a worker just because they file a workers’ comp claim. We make sure our clients are treated fairly by both their employer and the insurance company.
• Answering your questions: Florida’s workers’ comp process is often stressful. We are here to address all of your concerns in a timely manner with helpful, honest, and actionable responses.

We know how the workers’ compensation program works in Florida, including the laws and guidelines that set requirements for employers and businesses alike. Our team can track the progression of your claim and help you fulfill all the requirements in time.

Request a Free Case Evaluation From Our Florida Workers’ Comp Attorneys

Our workers’ compensation lawyers are passionate about helping injured workers and families through tough times. We understand you may not have the capacity to handle an insurance claim by yourself if you are dealing with a serious illness or injury. However, this should not mean forgoing the compensation you are legally entitled to.

Our attorneys go above and beyond to help injury victims precisely because we know how the system can work against you. No matter the type of injury you suffered at the workplace, you deserve help in navigating the workers’ compensation process in Florida. Call Rosenberg & Rosenberg for a free consultation today.