How Long Does a Workers’ Comp Case Take in Florida?

When you get hurt at work, Workers’ Comp may be your best chance at recovery.  This is a no-fault system, and your employer has to pay for virtually all work-related injuries.  Even though this is often more straightforward than a lawsuit, where you need to prove fault before recovering, claims can still take some time if they are contested.

Insurance carriers are often unwilling to pay damages, even if your employer would have settled the case.  This can mean contesting the case on issues of whether the injury was work-related or whether the worker is truly disabled.  Taking a contested case all the way to a hearing can take almost a year in some cases, though settlements often shorten the case to a few months.

Contact the Florida Workers’ Compensation lawyers at Graves Injury Law Firm today for a free case review by calling (305) 614-2767.

Case Timeline

The basic timeline of a Workers’ Comp case in Florida looks like this:

Filing Initial Claim

You file your initial claim with your employer, then they file with their insurance carrier.  This starts with notice to your employer.

You have to notify your employer of your injury within 30 days.  This starts counting on the day of the accident or the day you get medical care that reveals for the first time that the injury was work-related.

Payment First

Florida’s Workers’ Compensation system requires Workers’ Comp insurance carriers to pay first, then they can investigate.

Your employer reports the injury to their insurance carrier within 7 days of your notice.  Workers’ Comp carriers then have to pay benefits within 14 days, but they get 7 days before penalties kick in.  This means the first payment usually comes within 21 days of reporting your injury.

Insurance Investigation

From the first date of payment, the carrier gets 120 days to get to a final decision about whether to grant or deny benefits.  Generally, our lawyers can negotiate and provide them information during this investigation.

Decision

Once they deny your claim, they can stop your benefits, and we will often need to file a formal claim or negotiate for temporary benefits to keep the benefits flowing.

Filing Formal Claim

You can file a Claim for Benefits with the government within 2 years of your injury.  This is used instead of a lawsuit in Workers’ Comp claims against your employer.

Negotiations

We will continue negotiations with the goal of keeping benefits flowing during the case or settling the claim.

Evidence Collection

Both sides need evidence, such as witness depositions, potential security camera footage, and other proof of what happened.  The most important evidence, however, is medical reports.

You can see doctors, and your employer can request that you see their chosen doctors, so that both sides can get opinions about whether the injuries were work-related or not.

Formal Hearings

The case then goes to a formal hearing before a Workers’ Comp Judge, who takes in the evidence and arguments.

Judge’s Decision

The judge’s decision overrides the insurance company’s denial and should start your benefits quickly if the judge decides your injury was work-related.  You can appeal decisions against you.

How Can I Speed Up My Workers’ Comp Case?

Workers’ Comp claims can take up to 120 days before you find out whether your claim is truly granted or not.  Our lawyers can gather evidence and present it to the insurance company during this period to push them toward granting benefits or settling the case.

Attending all appointments and following through with your care needs – and avoiding anything your doctor says you should not do – will be the best way to help.  Everything else is essentially for your lawyers to take care of.

Can You Settle a Workers’ Comp Case?

Workers’ Compensation claims are often settled, but not in every case.

How Settlement Works

A Workers’ Comp carrier can “settle” a case in a few ways:

• They can agree to pay your ongoing benefits, “settling” the question of whether to grant your claim or not.
• They can “settle” by paying you all of the money up front instead of administering the claim on an ongoing basis, if the injury is clear.
• Once you reach maximum medical improvement and 104 weeks of benefits, they can cash-out any remaining benefits you would receive in a settlement.

Negotiations

We usually reach settlements through discussions with the insurance carrier, which require a proactive approach from our legal team.

Case Progresses During Negotiations

While we negotiate, the case progresses from initial payments to insurance denials, through evidence collection, and into the formal hearing.

You Can Only Settle Once

You should talk to a lawyer to see that your settlement contains enough money, because you only get to settle once.  You cannot usually cancel and reopen a settlement unless it was signed through threats or fraud.

FAQs for Workers’ Comp Claims in Florida

When Should You Get a Lawyer?

You should call our law offices as soon as you can after your accident to get help making sure you are seeing approved doctors, following through with your legal responsibilities, and providing the insurance carrier with the info they need to grant your claim.

The 2-year deadline for a formal claim is also quite tight, so we should be on your case from the beginning to avoid any deadlines running out.

Can You Also File a Lawsuit?

You cannot sue your employer for most work injuries, but you can sue outside third parties.  Lawsuits are often filed after your Workers’ Comp case settles.

The insurance carrier can get paid back from the money you win in your lawsuit to cover any amounts they already paid you, so that usually means the Workers’ Comp settlement comes before the injury lawsuit.

How Long Does a Claim Take?

A Workers’ Comp claim can be granted quickly if the injury is obvious and the insurance carrier is willing to pay, with benefits starting within 14 days at the earliest and not ending until your injuries are resolved.

However, most contested claims can take at least 120 days from your report, then more time if we need to go to a contested hearing.  This often takes over a year.

Call Our Florida Workers’ Compensation Lawyers for a Free Case Review

Call Graves Injury Law Firm’s Coral Gables, FL Workers’ Compensation lawyers at (305) 614-2767 for a free case review.