Florida law requires most employers to carry workers’ compensation insurance, which provides benefits for medical treatment, wage replacement, and other related expenses. However, securing those benefits involves specific steps, including timely reporting of the injury, seeking approved medical care, and filing a formal claim. Understanding the process and your rights can help ensure you receive the compensation you’re entitled to under Florida workers’ compensation law.
Our attorneys at Berlin Law Firm are here to stand up for the rights of injured workers in Florida. With over 30 years of experience in this complex legal field, we’ll guide you step by step through the process to make sure you get the full amount of workers’ comp that you are owed. Schedule a free consultation today.
Discuss Your Work Injury Claim for Free
Learn the types of compensation you may be eligible for and have your questions answered. Call today.
Key Steps in the Florida Workers’ Compensation Claims Process
Before you can obtain workers’ comp benefits, here are the crucial steps in the claims process:
Reporting Your Injury
Under Florida law, you have 30 days to report your workplace injury to your employer. This deadline begins either on the date the injury occurred or when you first became aware of it if symptoms were not immediately apparent. Failing to notify your employer within this time frame may jeopardize your ability to receive workers’ compensation benefits. To protect your rights, it is essential to report the injury promptly and in writing whenever possible.
Obtain Medical Treatment from an Authorized Treating Physician
Your employer or their insurance carrier will refer you to an authorized treating physician for evaluation and care. It is critical to inform them that your injury is work-related and how the injury affects your ability to perform your job.
Be honest and thorough when describing your symptoms and limitations. While some workers may be tempted to downplay their injuries, doing so can seriously undermine your treatment and workers’ compensation claim. Accurate medical documentation is essential—not only for ensuring you receive appropriate care but also for supporting your eligibility for benefits.
The Insurance Company
Once your employer is notified of your injury, they have 7 days to file a report with their workers’ comp insurance provider. After your employer notifies the insurance carrier, they may attempt to limit or challenge your claim:
- Request additional medical evaluations through Independent Medical Examinations (IMEs).
- Downplay the severity of your injury based on their medical reviews.
- Delay benefit payments or authorization for treatment
- Dispute the work-related nature of the injury, especially in repetitive stress or gradual-onset conditions.
- Deny recommended medical procedures not deemed medically necessary.
- Assign a lower impairment rating, impacting disability benefits.
- Monitor your activity or statements to challenge ongoing disability status.
If you encounter any of these tactics, it’s wise to consult an experienced Tampa workers’ compensation attorney. Our team has a thorough understanding of Florida’s workers’ comp system, can protect your rights, and counter any tactics the insurance company uses to limit, delay or deny your claim.
Benefits from a Workers’ Claim
With the guidance of an experienced Tampa workers’ compensation attorney, you will be better positioned to pursue the full range of benefits available under Florida law, which generally include:
- Medical Benefits – Full coverage for necessary medical treatment related to your workplace injury, including doctor visits, hospital care, medications, physical therapy, diagnostic tests, and durable medical equipment, as long as the insurance carrier authorizes the care.
- Wage Replacement Benefits – If your injury prevents you from working, you may be entitled to temporary total, temporary partial, or permanent disability benefits. Temporary total disability benefits typically amount to 66 2/3% of your average weekly wage, subject to state maximums.
- Vocational Rehabilitation – If you are unable to return to your previous job due to your injury, Florida’s workers’ compensation system may provide job placement assistance, retraining, or education benefits to help you transition to a new line of work.
- Death Benefits – In the event of a fatal workplace injury, eligible dependents may receive funeral expenses (up to $7,500), along with compensation for lost wages and ongoing financial support, as governed by Florida Statutes.
Discuss Your Work Injury Claim for Free
Learn the types of compensation you may be eligible for and have your questions answered. Call today.
What If Your Claim Is Denied?
A denial of your workers’ compensation claim in Tampa can be discouraging, but Florida law provides a clear path to challenge that decision.
Our attorneys can assist by first negotiating directly with the insurance carrier. If the dispute remains unresolved, we will file a Petition for Benefits with the Office of the Judges of Compensation Claims (OJCC). Once filed, your case will go through a mandatory mediation, where both parties attempt to reach a resolution.
The case proceeds to a formal hearing before a workers’ compensation judge if this is unsuccessful. Throughout the process, we will present a strong case supported by medical records, expert testimony, and other critical evidence to pursue the benefits you are entitled to under Florida law.
3 Important Takeaways
Here are three tips that can help you navigate the workers’ comp claim process in Tampa:
- Document everything: Thorough documentation is essential to support your claim. Maintain organized records of medical reports, physician notes, treatment plans, prescriptions, and any recommendations for work restrictions. Also, keep copies of communications with your employer and the insurance company, documentation of lost wages, and receipts for out-of-pocket expenses related to your injury. Accurate and complete records strengthen your claim and help ensure you receive the benefits you’re entitled to under Florida law.
- Talk with a Tampa workers’ compensation lawyer: Recovering from a workplace injury is challenging enough without having to navigate the complexities of the legal system on your own. An experienced attorney can provide the guidance you need to make informed decisions.
- Learn more about the process: The more you know about workers’ comp claims in Tampa, the better prepared you will be to overcome any challenges you face in obtaining benefits. The Florida Division of Workers’ Compensation provides valuable resources to help you through the claims process.
Schedule a Free Consultation at Berlin Law Firm
Get in touch with us today to schedule a free consultation with an experienced workers’ compensation attorney at Berlin Law Firm in Tampa, Florida. We work on a contingency basis and you will never write us a check directly if you choose to hire our firm.
