Practice Area

Workers' Compensation

Injured on the job in Florida? Here's what the law entitles you to, and where insurers commonly fall short.

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Workers' Compensation

If you were hurt on the job in Florida, your employer's insurance company is required to cover your medical treatment and a portion of your lost wages. In practice, insurers delay authorizations, dispute the extent of an injury, or push injured workers back to a job they aren't ready for.

We step in to challenge denied or delayed medical care, fight for a fair permanent impairment rating, and make sure wage-loss benefits reflect what you actually lost. We represent injured workers statewide throughout Florida, including hearings/trials before Judges of Compensation Claims outside Palm Beach County.

Common situations we handle

Denied medical treatment · Disputes over average weekly wage and fringe benefits · Independent medical examinations · Permanent impairment ratings · Return-to-work disputes · Denied claims · Securing the precise expert witnesses and relevant evidence

Florida law you should know

  • 30-day reporting rule: you generally must report a work injury to your employer within 30 days of the accident, or of realizing a condition is work-related, or risk losing the claim (Fla. Stat. §440.185).
  • 2-year statute of limitations: a claim generally must be filed within 2 years of the accident (or last provided benefit), though receiving authorized medical treatment can extend — "toll" — this deadline under Fla. Stat. §440.19. This area of law has been actively litigated in recent years, so exact timing should be confirmed with an attorney.
  • Authorized treatment: you're generally required to treat with a doctor authorized by the employer's insurance carrier for the claim to remain valid, even if you'd prefer a different physician.
  • Attorney's fees are regulated by statute (Fla. Stat. §440.34) on a sliding scale tied to benefits recovered, and require judicial approval — they generally come out of the value recovered, not your pocket directly.

Workers' Compensation — Frequently Asked Questions

Can I be fired for filing a workers' comp claim?
Florida law prohibits retaliation against an employee for filing a valid workers' comp claim, but employers sometimes find other stated reasons for termination. If you believe you're facing retaliation, that's worth discussing with an attorney separately from the comp claim itself.
What benefits does workers' comp actually cover?
Generally: authorized medical treatment related to the injury, a portion of lost wages while you're out of work (subject to state caps), and compensation for any permanent impairment once you reach maximum medical improvement.
What if the insurance company denies my claim?
A denial isn't the end of the road. You can file a Petition for Benefits with Florida's Office of the Judges of Compensation Claims to formally dispute a denial or delay, but strict procedural rules apply to how it must be filed.
Can I choose my own doctor?
Generally, no — Florida workers' comp requires treatment with a doctor authorized by the employer's insurance carrier. If you're unhappy with that provider, there's a process to request a one-time change, and separately to request an independent medical exam in a dispute.
Does workers' comp pay for permanent injuries?
Yes — once you reach maximum medical improvement, your treating doctor assigns a permanent impairment rating, which affects the amount of impairment benefits you're entitled to. Disputes over the rating itself are common and often require an independent medical opinion.

Relevant links

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