The Florida Workers' Compensation Process

Navigating the Florida workers' compensation process can be challenging, especially when dealing with the physical and emotional aftermath of an unexpected workplace injury. Understanding your rights and the steps involved in filing a workers' compensation claim is essential for securing the benefits you are entitled to under the law. At Friedman Rodman Frank & Estrada, we provide comprehensive legal guidance to help you through every stage of the complex workers' compensation process.

For more than 45 years, our injury lawyers have proudly stood at the side of accident victims throughout Broward County, helping them recover compensation and medical attention for various types of workplace injuries. Our experienced team is here to assist you with every aspect of your workers' compensation claim, from initial filing to appeals if necessary. Many attorneys, both local and in other jurisdictions, have turned to our Miami workers’ compensation attorneys when seeking co-counsel on complex cases. Contact Friedman Rodman Frank & Estrada today at (877) 448-8585 to schedule a free initial consultation and learn more about how we can help you obtain a successful result with your workers' compensation case.

Getting hurt at work can be overwhelming, and many common workplace accidents can lead to serious injuries or death. The Florida Workers' Compensation system is designed to help you, but it can be confusing and difficult for an unrepresented injured worker to handle alone. It is essential to consult with a Broward County injury attorney to understand the following typical process.

• Report Your Injury: The first thing you need to do is report your injury to your employer. You must do this within 30 days of the incident. Delaying this step can jeopardize your claim.
• Seek Medical Treatment: Your employer should direct you to an authorized medical provider. It's crucial to follow their instructions and attend all appointments. This documentation will help support your claim.
• File a Claim: Your employer is responsible for filing a claim with their insurance company. This claim includes the type of injury sustained, its cause and the medical treatment you received.
• Insurance Company Review: The insurance company will review your claim and decide whether to approve or deny it. This step can be stressful, as insurance companies often look for reasons to deny claims and limit their responsibility.

After you file your claim, the insurance company should do the following:

• Review your medical records;
• Investigate the circumstances of your injury by speaking with the employer and any witnesses; and
• Possibly ask you to undergo an independent medical examination (IME).

The insurance company will either approve your claim and start paying benefits/authorizing medical attention or deny it. If your claim is denied, our legal team will do whatever is necessary to obtain a reconsideration of the insurance company’s decision for your benefit.

If your claim is approved, you may receive different types of benefits. Medical benefits cover the cost of medical treatment related to your injury. Wage replacement provides you with a percentage of your weekly income (based on an average of the 91 days prior to your date of injury) if you are unable to work due to your injury. Additionally, permanent disability benefits compensate you if the injury leads to a lasting disability.

The Florida Workers' Compensation system is designed to support injured workers, but unfortunately that is not always what occurs. Several common issues can arise that make it difficult to receive compensation and medical benefits. Familiarizing yourself with these challenges and understanding how an attorney can help is crucial for a successful claim.

One of the most frustrating experiences is having your workers' compensation claim denied. Insurance companies may deny claims for various reasons, including insufficient evidence, late reporting of the injury, or allegations of a pre-existing condition. A denial can feel like a significant setback, but it is essential to remember that you have options. If your claim is denied, you can fight the decision, and this is where an attorney becomes invaluable. An experienced workers' compensation attorney can help you gather the necessary evidence, such as medical records and witness statements, to build a strong case. They can also represent you during statements, depositions, mediation or hearings, ensuring your rights are protected and increasing your chances of a successful recovery.

Even if your claim is approved, you might face disputes over the benefits you receive. Common disputes include disagreements about the extent of your injury, the adequacy of medical treatment, or the amount of wage replacement benefits. Insurance companies might downplay the severity of your condition to reduce their financial liability. An attorney can advocate to ensure you receive fair and adequate compensation for your damages. They can negotiate with the insurance company and, if necessary, take your case before the Judge to secure the compensation and medical benefits you deserve.

Unfortunately, some employers retaliate against employees who file workers' compensation claims. Retaliation can take many forms, including demotion, reduced hours, or even termination. Such actions are illegal, but proving retaliation can be difficult. An attorney can help you document instances of retaliation and file the appropriate complaints and other legal documents to secure compensation for any damages you suffer as a result of the employer’s actions.

Another common issue is disputes over medical treatment. The insurance company might refuse to authorize specific treatments or may require you to see a doctor of their choosing that you are not satisfied with. If you feel your medical needs are not being met, an attorney can help you challenge these decisions and ensure you receive the necessary care to treat your injuries appropriately.

While the Florida Workers' Compensation process is designed to support injured workers, there are frequently many challenges to contend with along the way. Having a Miami workers’ compensation attorney from Friedman Rodman Frank & Estrada by your side will provide the guidance and representation needed to overcome these obstacles and secure the compensation and medical benefits to which you are entitled. At Friedman Rodman Frank & Estrada, we’ve been handling Broward County workers’ compensation cases for over 45 years and have recovered millions of dollars in benefits on behalf of our clients. We are only paid once there is a successful resolution of your claim. To learn more, and to schedule a free consultation today, call the Miami workers’ compensation lawyers at Friedman Rodman Frank & Estrada at (305) 448-8585. You can also connect with us through our secure online contact form.