Workers' compensation is a type of insurance employers are required to carry for their employees. It provides benefits if you’re injured while performing work-related duties. These benefits may include medical care, lost wages, and rehabilitation services. As it is a no fault system, you don’t need to prove that your employer did anything wrong to qualify for benefits.
Report your injury to your employer as soon as possible, ideally on the same day it happens. Florida law requires that you notify your employer within 30 days, or you could lose the right to collect benefits. Ask your employer to send you to a workers' compensation doctor, and make sure all treatments are documented. You should also consider speaking with a Miami workers' compensation lawyer early in the process to make sure your rights are protected and pursued timely.
If your injury is compensable, you will receive medical care at no cost, including doctor visits, hospital care, physical therapy, and prescriptions. If your injury keeps you out of work, you may be eligible for temporary disability payments. If your condition is permanent or affects your ability to earn income long term, you may be entitled to permanent impairment or disability benefits. Vocational rehabilitation and retraining may also be available in certain cases.
No. Workers' compensation is a no-fault system, which means you can receive benefits even if no one directly caused the accident. However, there are exceptions. If you were intoxicated, intentionally caused the injury, or were not acting within the scope of your job, your claim may be denied. Our Miami workers' compensation lawyers can help you understand how the rules apply in your particular situation.
Not usually. In most Florida workers' compensation cases, your employer or their insurance company selects the authorized treating doctor. If you go to a doctor who hasn’t been approved, you might be responsible for the bill. There are situations where a change in doctors may be allowed, but you must follow specific procedures to request it.
If your claim is denied, you still have options. You can request a hearing before a Judge of Compensation Claims to contest the denial. It’s important to understand why your claim was denied, whether due to missed deadlines, lack of medical evidence, or disputes over whether the injury is work-related. Our Miami workers' compensation lawyers can file the necessary petitions, represent you at the hearing, and help strengthen your case with supporting evidence.
Some medical benefits may be approved quickly after your claim is accepted. However, wage replacement benefits can often take longer, especially if there is any dispute about your injury or time off work. Delays are common, particularly when the insurance company requests additional documentation or second opinions. Having legal help early on can reduce these delays.
In most cases, you cannot sue your employer if you are covered under workers' compensation. This system is designed to provide benefits in exchange for giving up the right to file a lawsuit. However, there are limited exceptions. If a third party (such as a subcontractor, vendor, or equipment manufacturer) caused your injury, you may be able to file a separate personal injury claim against them. These cases can be complex, and legal advice is highly recommended.
If your injury prevents you from returning to the same type of work, you may qualify for vocational rehabilitation, job training, or help finding a new position. If you can’t work at all, long-term or permanent disability benefits may apply. The extent of these benefits depends on your medical condition, work history, and whether any alternative employment is available.
You are not required to have a lawyer, but many injured workers find that having legal help improves their outcome. Our Miami workers' compensation lawyers at Friedman Rodman Frank & Estrada can help you avoid common mistakes, meet deadlines, gather the right medical evidence, and challenge denied claims. With an attorney by your side, you’re less likely to be taken advantage of by insurance adjusters or pressured into accepting low settlements.
If you were injured at work and are struggling to get the benefits you need, call Friedman Rodman Frank & Estrada, today at 877-448-8585. Our team is ready to help you take the next step with confidence and we do not get paid unless and until a financial recovery is obtained for you.