Workers’ Compensation is a crucial area of law that safeguards employees who suffer injuries or illnesses due to their job. The Graves Injury Law Firm specializes in helping workers navigate the complex Workers’ Compensation system to get the benefits they deserve.

When an employee is injured at work, the process of filing a claim can be daunting and often confusing, requiring detailed documentation and adherence to strict deadlines. When a serious work accident changes your life – whether it’s an amputation, spinal injury, or brain trauma – the Florida Workers’ Compensation system is supposed to be there for you. But the truth is, these catastrophic cases require extra care, strategy, and persistence to get the full benefits you deserve.

Call Graves Injury Law Firm today at (305) 614-2767 for a free case review with our Workers’ Compensation lawyers.

How Our Lawyers Can Help

Working with a lawyer has several benefits:

Protecting Your Rights

From the initial filing to appealing a denied claim, Graves Injury Law Firm sees that our clients’ rights are protected. We gather medical evidence, negotiate with insurance companies, and represent our clients in hearings before Workers’ Compensation boards.

Filing with Additional Lawsuits

In cases where a third party is liable for the injury, the firm’s lawyers pursue additional compensation through personal injury lawsuits. This dual approach ensures comprehensive coverage for the client’s injuries and financial losses. With a focus on personalized service, the Graves Injury Law Firm tailors our approach to meet the unique needs of each client.

Providing Personalized Legal Advice

While the EAO (Bureau of Employee Assistance and Ombudsman) can provide some guidance to injured employees and seek to resolve disputes over coverage, they are not your lawyers and cannot provide you with legal advice and advocate for you like a lawyer can.

How to File for Workers’ Compensation in Miami

To start your work injury claim, you file with your employer. You should notify them of your injury within 30 days. They will then send you information about what doctors you can see, who their insurance company is, etc. to guide you through receiving care and getting better.

Employer’s Response

They must decide within 14 days whether to accept your claim for lost wages and within 3-10 days whether to accept your claim for medical coverage. If they refuse to grant you the benefits you deserve, that is where our lawyers come in.

Negotiations and Hearings

We can negotiate to get your benefits paid or even settled. If your employer continues to refuse coverage, we can file a Petition for Benefits with the EAO to start the formal legal process.

If your employer still refuses to pay you, we will take the case all the way to a hearing with a Workers’ Compensation Judge if necessary.

What Benefits Can I Get Under Workers’ Comp in Florida?

Workers’ Comp seeks to cover two main areas of benefits:

  • Medical benefits to cover the costs of treating work-related injuries. Typically, you have to seek care with an approved doctor.
  • Indemnity benefits to pay for your lost wages, typically at a rate of 66 2/3% of your pre-injury wages or a portion of the difference in pre- and post-injury wages (subject to certain limits).

Whether your injury is total or partial in nature, you can receive ongoing benefits for 104 weeks or until you reach Maximum Medical Improvement (MMI) if that is earlier. MMI means the doctors say you have healed up as much as you possibly can.

In addition, you can be compensated for travel to and from medical appointments.

Severe Workers’ Compensation Injuries

Under Florida law, the following injuries may be considered catastrophic and can qualify you for Permanent Total Disability (PTD) benefits, even before you reach MMI:

  • Amputation of a limb or extremity
  • Severe spinal cord damage
  • Traumatic brain injury
  • Loss of vision or hearing
  • Severe burns.

This means taking the 104-week wait out of your case; you go straight to permanent benefits.

Special Benefits for Catastrophic Injuries

Medical care can be extensive for serious injuries and can extend beyond just hospital stays, surgeries, and medication to cover the following:

  • Lifetime PTD benefits if you cannot return to work
  • Prosthetic devices and lifetime replacement coverage
  • Home and vehicle modifications to restore independence
  • Psychological care for trauma, depression, or anxiety.

Filing a Lawsuit for Work Injuries in Miami

Workers’ Compensation is designed to cover accidental injuries at work, regardless of who caused them or whether negligence was involved. It also pays limited benefits for medical care and around 2/3 of your lost wages. It also prevents you from suing your employer to recover additional damages.

Suing Third-Parties

However, it does not stop you from suing other at-fault parties. This means you can potentially bring a claim against drivers, suppliers, customers, or manufacturers who cause your work injuries.

Special Rules for Independent Contractors

Florida law is very particular in assuming workers are “employees” who would be covered under Workers’ Comp. However, some workers are “independent contractors” and are excluded from coverage. If that covers you, then you can sue your “employer” (who is really a “client”) for injuries, but only if they were at fault.

Additional Damages

Injury lawsuits can be filed alongside or in addition to a Workers’ Comp claim. These can also potentially provide additional damages, like the rest of your lost wages and pain and suffering damages.

Our Workers’ Compensation lawyers help with both types of cases, allowing us to coordinate your claims, use relevant evidence in both cases, and handle your case the whole way through.

FAQs for Miami Workers’ Compensation Cases

What Challenges Can I Face in Filing a Workers’ Comp Claim?

No case is perfect, and the following issues might come up even if your claim is not outright denied:

  • The carrier downplaying your work restrictions
  • Delays in prosthetic or surgery approval
  • Pushback on home modifications or attendant care
  • Miscommunications between insurance carriers and care providers.

If you do run into these issues, our lawyers can try to straighten them out or potentially turn to a Petition for Benefits.

How Long Do I Have to File My Claim?

Workers’ Comp laws require you to report your initial injury to your employer within 30 days. Most injuries should be reported as soon as you possibly can report them, as you will need to do this before you can set up continuing care through your employer’s insurance carrier.

If you are denied and unable to get benefits through negotiations and early dispute resolution through the EAO, then you may need to file a Petition for Benefits. These must be filed within 2 years of the injury.

How Long Until I Get Workers’ Comp Benefits?

Employers are supposed to send you your first benefits check within 21 days of your initial claim. If they deny your claim, that might not happen, but employers might also pay temporary benefits and reserve the right to turn the benefits back off if they make a decision against you.

If your claim is disputed and you need to take it to a Petition for Benefits and a hearing, your employer might also pay temporary benefits as the case progresses. However, it can take around a year to reach a final resolution if the case is contested and your employer or their insurance carrier refuses to negotiate.

How Much Are My Benefits Worth?

Medical benefits are paid directly to the care providers, so you do not get these as part of your check. The benefits you do receive typically cover 2/3 of your lost earnings (i.e., 66 2/3%). This is calculated based on your average wage in the 13 weeks prior to your injury.

If you work hourly, seasonally, or in other arrangements where calculating your wage is harder, there are special methods to use. There are also different calculations if you can work partially, but still face reduced wages.

Minimums and maximums are set each year on January 1. For 2026, the minimum rate is $20 per week, and the maximum is $1,358.

Can I Be Fired for Filing a Workers’ Comp Claim in Miami?

Workers cannot be fired for filing a claim, but they can be fired for other reasons. For example, your employer might want to fire you for causing a dangerous accident that injured you, or they may have to let you go to fill your position while you cannot work.

Employers have no requirement to keep your job open. There are, however, job retraining services and other services available as part of Workers’ Comp in Florida.

Our Miami Workers’ Compensation Attorneys Can Help

For a free case review, call Graves Injury Law Firm’s Workers’ Compensation attorneys at (305) 614-2767 right away.