Nobody goes to work thinking they will be injured. When an injury occurs, the typical worker finds themselves flat-footed (or even on their back, unable to move without searing pain). Yet, the workers’ compensation process ahead comes with high stakes and significant ramifications for your health, financial stability, and quality of life.
How you file your workers’ compensation claim, and how you resolve that claim, can define more than you recognize right now. There is a step-by-step process that you’ll need to follow, and we will detail that process in this article, from notifying your employer to documenting your injuries and fighting for the compensation you are entitled to.
Because the slightest mistake could have monumental consequences, we advise you not to handle the claims process on your own. Instead, call the experienced, trustworthy Tamarac, FL, slip and fall attorneys at Englander Peebles at (954)-500-4878 or contact us online, and we will promptly reach out to you.
Key Takeaways: Filing a Workers’ Comp Claim
- Workers’ compensation benefits are available to most employees in Florida: Most workers qualify, with only a few limited exceptions.
- Loved ones of workers killed on the job can also pursue benefits: This includes dependents and surviving family members.
- Insurance companies often fight claims aggressively: It’s in their financial interests to dispute injuries, deny medical treatment, and push for you to accept a quick, lowball payout.
- A lawyer can handle every part of the claim for you: From filing forms to gathering evidence to negotiating with insurers, our team will lead your claims process from start to finish.
- A lawsuit may be possible in certain situations: This is often the case when a third party causes the worker’s injuries.
- There are strict deadlines for reporting and filing claims: waiting too long can reduce or eliminate eligibility, so you should retain your attorney from Englander Peebles as soon as possible (preferably, today).
Who Is Eligible to File a Workers’ Compensation Claim in Florida?
Florida law states plainly that “Employers conducting work in the State of Florida are required to provide workers’ compensation insurance for their employees.” However, a closer examination reveals that a worker’s coverage can depend on:
- The type of industry they work in
- The number of employees their employer has on staff
- The specific “entity organization” they work for
Workers’ compensation is meant to protect people who get hurt while doing their jobs—it’s that simple. In Florida, this protection covers most employees from the Everglades to Jacksonville, Tampa to Melbourne. If you’re paid to work, you’re likely covered.
Some of the specific types of workers who tend to be covered by their employer’s workers’ compensation insurance are:
- Employees injured while performing work duties
- Workers exposed to harmful conditions at work
- Workers injured off-site while performing job-related tasks
- Part-time and seasonal employees (though these cases require closer evaluation to determine their eligibility)
- Workers whose employers improperly attempt to classify them as “independent contractors”
Contact Englander Peebles right away for a personalized evaluation of your potential workers’ compensation claim.
Can Loved Ones of a Deceased Worker Seek Benefits Through Workers’ Comp Insurance?
When a worker is killed on the job, Florida law allows certain loved ones to pursue death benefits through workers’ compensation. Eligible survivors may include:
- A surviving spouse
- Minor children
- Other dependents who relied on the worker’s income
These benefits cannot bring a loved one back, but they can provide essential financial support during unimaginable loss.
What Steps Must You Take to File a Workers’ Compensation Claim?
Compensation from workers’ compensation insurance does not magically appear in your bank account. Injured workers have several duties to perform to receive owed benefits, and our attorneys ensure that the injured parties fulfill these duties promptly.
Some of the steps we help clients take after work-related injuries, illnesses, and wrongful deaths are:
Step 1: Report the Injury Immediately
In Florida, you generally must report a workplace injury within 30 days—and sooner is better. We will help inform your supervisor, manager, or HR representative (in writing, if possible) of the harmful event and all resulting injuries.
Step 2: Request Medical Treatment Through the Employer’s Insurance
Your employer’s insurance carrier chooses the initial doctor, even if you’d prefer someone else. It can feel unfair, but it’s how the system works. You must attend the appointment, but we will prepare you to avoid any situations that might threaten your claim.
Step 3: Make Sure the Employer Reports It to the Insurance Company
Employers are required to report your injury to their workers’ compensation insurer within seven days of your notifying them. Many employers complete this step without issue, but some drag their feet or fail to report the injury.
If your employer doesn’t report the injury, you can still file the claim directly with the insurer. That said, we will ensure your employer reports the injury promptly to avoid unnecessary challenges.
Step 4: Complete Any Additional Forms Required by the Insurer
The insurer may send forms requesting details about your injury, your job duties, and the medical care. We will help fill them out accurately and promptly, as even little mistakes can cause significant headaches.
Step 5: Attend All Medical Appointments
Missing medical appointments gives insurers grounds to claim you’re “non-compliant” or “not seriously injured.” Our clients receive the resources needed to attend all medical appointments (or provide necessary notice if they’re unable to attend).
Step 6: Keep Records of Everything
Documentation is one of the key ingredients to a successful workers’ comp claim. Your Florida workers’ comp lawyer from Englander Peebles will acquire and safeguard all relevant:
- Medical records
- Proof of work restrictions
- Pay stubs
- Proof of out-of-pocket expenses
- Written communication with your employer or the liable insurance company
Our attention to detail is a priceless asset for the injured workers we represent.
Step 7: Follow Up Until Benefits Begin Coming In
Back-and-forth communication with the insurer is sometimes necessary to ensure that you promptly receive the benefits you deserve.
How an Attorney Helps Lead and Strengthen the Workers’ Compensation Process
People often underestimate how much work goes into a successful workers’ compensation claim. Insurance companies have teams reviewing your injury from the moment it’s reported—not to help you, but to further their own financial interests.
It’s no wonder that injured workers across Miami-Dade, Broward, and Palm Beach often turn to Englander Peebles to helm their workers’ compensation claims.
How Our Florida Workers’ Compensation Lawyers Take Full Control of the Claims Process
Though we will tailor our approach to you, our lawyers provide comprehensive representation that calls for us to:
- Investigate the cause of the injury while gathering evidence to support your claim.
- Secure medical records through close coordination with your medical providers.
- Communicate with the insurer on your behalf.
- Challenge unfair denials of treatment (we will push back aggressively against attempts to limit your medical care).
- Negotiate the value of your claim, advocating for maximum benefits.
- Prepare the case for hearings if needed, as we will represent you before a Judge of Compensation Claims should your claim lead us there.
Even more importantly, the Englander Peebles team will protect you from making any of the missteps that can diminish an otherwise strong workers’ comp claim.
Going Above and Beyond Is Standard Practice at Englander Peebles
When completing any task, you can choose to do the bare minimum, go above and beyond, or put forth effort that falls somewhere between those extremes. Going above and beyond is our modus operandi (M.O.) at Englander Peebles, so you should expect us to:
- Interview any co-workers or other witnesses whose accounts benefit your case for compensation.
- Obtain any surveillance footage that improves our odds of success.
- Request second medical opinions, as the insurance company’s chosen provider may have a blatant conflict of interest.
- Document both your immediate and long-term losses and limitations.
- Conduct retroactive research to see if your employer (or any other liable party) has a history of endangering workers like you.
- Prepare for potential litigation from the very start of your case so that we can rise to any turn your case may take.
Our goal is simple: Create a claim so thoroughly supported by facts and evidence that denying it becomes significantly harder for the insurer.
How Insurance Companies Fight Workers’ Compensation Claims
The stated goal of workers’ compensation insurance is to “assure the quick and efficient delivery of disability and medical benefits to an injured worker and to facilitate the worker’s return to gainful reemployment at a reasonable cost to the employer.” Sometimes, though, it can seem as if insurance providers missed the memo.
Insurers’ primary motive is to save money, not help injured workers recover. In Florida, where insurance companies are massive and well-armed with legal teams, adjusters often use familiar strategies like:
- Arguing the injury wasn’t work-related
- Downplaying the severity of the injury
- Avoiding diagnostic tests (as they may know the tests can reveal a severe, costly injury they’re required to pay for)
- Pressuring workers to return to the job before they have healed
- Offering lowball settlements
- Denying the injured worker’s treatment requests (even when those requests come at a medical provider’s urging)
These are all reasons why securing effective representation right away is so essential to your claim.
Covered Losses in Florida Workers’ Compensation Claims
Workers’ compensation does not cover every type of loss, which often frustrates injured workers who believe all their damages will be compensable. Still, we fight for maximum compensation for the losses that are covered, typically including:
- Medical treatment
- A portion of lost wages
- Mileage reimbursement for travel to authorized medical appointments
- Permanent impairment benefits
- Vocational retraining costs (in some cases)
Workers’ compensation does not pay for pain and suffering, which is one reason lawsuits sometimes become valuable.
Covered Losses for Families After a Work-Related Death
When a worker dies, financial relief isn’t much comfort—but it is necessary. Florida’s workers’ compensation system provides specific benefits to surviving family members, which may include:
- Funeral and burial expenses
- Lost financial support
- Education benefits for a surviving spouse
- Compensation based on the worker’s projected earnings
Families often contact Englander Peebles because seeking these benefits while grieving is overwhelming. Having a legal advocate ensures the family isn’t overlooked, taken advantage of, or otherwise mistreated by the insurer.
Frequently Asked Questions
1. Can I choose my own doctor?
Not at first. The insurer picks the initial doctor. Later in the process, you may have more options to seek medical care on your own terms—especially with a lawyer helping to request authorized changes.
2. Can I be fired for filing a workers’ compensation claim?
Retaliation against workers who seek workers’ comp benefits is illegal. If your employer threatens or retaliates, the lawyers at Englander Peebles can take action to protect you.
3. Can I file a lawsuit?
There are certain instances in which an injured worker may file a lawsuit, including when their employer lacks workers’ compensation insurance and when a third party (like the manufacturer of defective scaffolding, for example) causes the injury.
Why You Should Hire a Florida Workers’ Compensation Lawyer from Englander Peebles Immediately
Workers’ compensation deadlines move fast, and missing even one creates major problems. The statute of limitations for many workers’ compensation issues in Florida is extremely strict, and insurers are aware of this. They count on workers waiting too long to call for help.
Call Right Away About Retaining an Attorney. The Success of Your Claim Depends on It
You can hire Englander Peebles with zero upfront cost. We handle workers’ compensation on a contingency fee basis, meaning:
- You pay us nothing upfront
- You pay us nothing out of your pocket
- We only receive our fee when we recover money for you
This arrangement removes every financial barrier to getting help right away.
If you suffered an injury at work or if you lost someone you love in a work-related incident, don’t wait. Call Englander Peebles today at (954) 500-4878 or contact us online to complete your free, no-pressure consultation. Whether you need guidance from a personal injury lawyer in Tamarac, FL, or assistance with a complex workers’ compensation matter, the sooner you reach out, the stronger your claim may be—and the closer you get to real healing, stability, and justice.