As an injured employee, there is much you should know about the Workers’ Compensation system in Florida so that you ultimately get the benefits you are entitled to.

Employees have 30 days to report their injuries to their employers and up to 2 years to pursue damages from Workers’ Compensation. For all treatment other than emergency care, you must see an authorized physician to get medical bills covered. Your lost-wage compensation depends on your disability classification and your average wages at the time of injury. We can estimate your likely weekly payment and help you avoid accepting a bad lump-sum Workers’ Compensation settlement.

Call (305) 614-2767 for your free case discussion with the Workers’ Compensation lawyers at the Graves Injury Law Firm.

What to Know About Getting Workers’ Comp in Aventura

Most employees know very little about Workers’ Compensation until they need it after a workplace injury. Do not get overwhelmed by the complexities of the Workers’ Compensation system, and let our lawyers tell you what you need to know.

Reporting Deadline

You have 30 days from a workplace injury or illness in Florida to inform your employer. If you do not inform your employer within the first 30 days, your claim might be denied. If your employer had actual knowledge about the event because they were there when it happened, or you were physically incapable of reporting the accident within 30 days, you may still get benefits despite missing the deadline.

Filing Deadline

You have up to 2 years to formally seek Workers’ Compensation benefits from an employer’s insurer. If your employer interfered in your claim or another exception applies, you may still get medical benefits and wage-replacement benefits, even if it has been longer than 2 years since you were injured at work.

Authorized Physicians

An authorized physician is any doctor specifically approved by an employer and its insurer as a resource for medical treatment. Other than in medical emergencies, you must see an authorized physician to treat a workplace injury so that Workers’ Compensation will pay your medical expenses. Our attorneys can obtain the insurer’s list of authorized physicians so you get the appropriate care.

Disability Classifications

There are three different disability classifications for Workers’ Compensation in Florida: temporary total disability (TTD), temporary partial disability (TPD), and permanent total disability (PTD). Your disability classification determines what percentage of your pre-injury wages you receive weekly from Workers’ Compensation and how long you receive benefits.

Duration of Payments

Temporary total disability and temporary partial disability benefits can last for up to 104 weeks. Even if you are permanently disabled, you will receive TTD benefits for 104 weeks until they expire. Once TTD benefits expire, you will start receiving PTD benefits.

Medical benefits continue until you reach maximum medical improvement, even if that takes years.

Retroactive Payments

Retroactive Workers’ Compensation benefits are only available in Florida if you have missed more than 21 days of work. To get any Workers’ Compensation benefits, you must miss more than 7 days of work because of an injury sustained on the job.

Eligibility for Impairment Income Benefits

After reaching maximum medical improvement, you might receive an impairment rating from an authorized physician. The maximum impairment income benefit is 75% of your weekly TTD benefit, though the full amount is not guaranteed. The severity of your impairment rating determines how long you get these extra Workers’ Compensation payments.

Eligibility for Workers’ Compensation Death Benefits

If a victim dies within the first year of sustaining a workplace injury, their survivors may get Workers’ Compensation death benefits. Death benefits are also available if a worker dies within 5 years of a workplace injury after experiencing continuous disability. Death benefits are paid to the surviving spouse and children first, and then to other dependents if no spouse or children exist.

No-Fault System

Know that Workers’ Compensation in Florida is a no-fault system, which means that making a mistake at work and accidentally contributing to an accident does not bar you from benefits. However, purposefully hurting yourself or being under the influence of drugs or alcohol at the time of injury could preclude you from benefits.

Most Likely Remedy

Workers’ Compensation may be your most likely remedy after a workplace accident in Florida. Workers typically cannot file injury lawsuits against their employers, and third parties are not always involved enough in a case to be named in a third-party work injury lawsuit.

FAQs About Workers’ Compensation in Florida

How Soon Can You Get Your First Workers’ Comp Check in Aventura?

Expect to get your first Workers’ Compensation check for wage-replacement benefits within 21 days of reporting an injury to your employer. If your first check is late, our Workers’ Compensation lawyers can inquire about the delay on your behalf.

How Important Are Medical Records for Your Workers’ Comp Case?

Without medical records, you cannot prove that you sustained any injuries or incurred damages from them. Medical records should come only from authorized physicians, unless it is an emergency and you need to go to the nearest hospital.

Should You Accept a Lump Sum Settlement from Workers’ Comp?

Accepting a lump sum Workers’ Compensation settlement might seem advantageous initially, but it could leave you on the hook for any future medical expenses not factored into the original settlement.

What if Your Workers’ Comp Claim is Denied?

Being denied benefits does not have to be the end of your case, and our lawyers can help you pursue an appeal by filing a Petition for Benefits with the Florida Office of Judges of Compensation Claims.

What Injuries Does Workers’ Comp Cover?

Workers’ Compensation covers most injuries sustained during the course of employment that make employees miss at least 7 days of work.

Get Our Help with Your Workers’ Comp Case

Call our Workers’ Compensation lawyers at (305) 614-2767 for your free case evaluation from the Graves Injury Law Firm.