Experiencing a work-related injury is challenging enough without the added stress of navigating the complexities of workers’ compensation claims. Unfortunately, insurance companies often employ tactics designed to minimize or deny the benefits you rightfully deserve.
At Sternberg | Forsythe, P.A., we have witnessed firsthand how these strategies can impact injured workers in Florida. Here, our work injury lawyers in Florida will expose five common ways insurance companies may attempt to trick you after a work injury and provide guidance on protecting your rights.
1. Requesting a Recorded Statement Early On
Shortly after reporting your injury, an insurance adjuster might contact you, requesting a recorded statement about the incident. While this may seem like a routine procedure, it’s a tactic often used to gather information that could be used against you later. Adjusters are trained to ask questions that may lead you to downplay your injury or admit partial fault inadvertently.
It’s crucial to understand that in Florida, you are not legally obligated to provide a recorded statement without consulting with a Florida work injury attorney. Politely declining until you’ve sought legal advice can prevent potential pitfalls in your claim.
2. Delaying the Processing of Your Claim
Time is of the essence when dealing with a work injury. However, some insurance companies intentionally delay the processing of claims, hoping that financial strain will pressure you into accepting a lower settlement or abandoning your claim altogether. They might postpone responses, request unnecessary additional documentation, or repeatedly reschedule appointments.
Florida law mandates specific timelines for processing workers’ compensation claims. For instance, employers must report injuries to their insurance carrier within seven days of knowledge of the injury. Being aware of these timelines and seeking assistance from a workers’ compensation lawyer in Florida can help ensure that your claim progresses as it should.
3. Offering a Quick, Lowball Settlement
In the aftermath of an injury, facing mounting medical bills and lost wages can make a quick settlement offer from the insurance company seem appealing. However, these initial offers are often significantly lower than you may be entitled to.
Accepting a hastily presented settlement can result in insufficient funds for ongoing medical treatments and other related expenses. Before agreeing to any settlement, it’s imperative to consult with a workers’ comp law firm in Florida to evaluate whether the offer adequately addresses your current and future needs.
4. Disputing the Severity or Cause of Your Injury
Insurance companies frequently challenge the severity of your injury or argue that it was not work-related. They may claim that your injury is due to a pre-existing condition or occurred outside of work duties. Under Florida Statute 440.09, for an injury to be compensable, the accident must be the major contributing cause of the injury.
To counter such disputes, it’s essential to have comprehensive medical documentation and, if necessary, expert testimony to substantiate your claim. An experienced Florida work injury attorney can assist in gathering and presenting the required evidence to support your case.
5. Monitoring Your Activities
It’s not uncommon for insurance companies to conduct surveillance on claimants, aiming to catch activities that contradict reported injuries. They may monitor your social media profiles or hire private investigators to observe your daily activities.
For example, if you’re seen engaging in physical activities that exceed your stated limitations, they might use this evidence to deny or terminate your benefits. To protect your claim, be mindful of your public activities and consider limiting social media postings during your claim process.
Protecting Your Rights After a Work Injury
Understanding these tactics is the first step in safeguarding your rights after a work injury. Additional measures to consider:
- Report Your Injury Promptly: Florida law requires that you report your injury to your employer within 30 days of the incident. Delaying this report can jeopardize your eligibility for benefits.
- Seek Immediate Medical Attention: Obtaining a thorough medical evaluation ensures your well-being and provides critical documentation for your claim.
- Document Everything: Keep detailed records of all communications with your employer and the insurance company, as well as medical visits and expenses.
- Consult with a Qualified Attorney: Engaging a knowledgeable workers’ compensation lawyer in Florida can provide you with the guidance and advocacy needed to navigate the claims process effectively.
At Sternberg | Forsythe, P.A., we are committed to standing up for injured workers and ensuring they receive the benefits they are entitled to.
When You Should Suspect an Insurance Company is Playing Games
Some signs are obvious: long delays, changed narratives, or being told you don’t need an attorney. Others are more subtle, like being referred only to “company-approved” doctors or being discouraged from seeking a second opinion. If something feels off, it probably is.
We’ve seen far too many workers misled by these strategies. An injured employee may trust the system only to discover too late that their medical treatment was cut off prematurely or their wage loss payments were terminated without explanation. Insurance companies thrive on confusion and inaction. That’s why the sooner you involve a workers’ comp law firm in Florida, the better your outcome will likely be.
Why They Get Away With It
How can insurance companies get away with these tactics? The answer lies in the complexity of Florida’s workers’ compensation laws and how uneven the playing field can be for injured workers.
Under Florida law, employers must carry workers’ compensation insurance if they have four or more employees, or just one if it’s a construction business. Yet, even with legal coverage, insurance companies often call the shots after an injury. Their goal? Reduce costs—your medical treatment, lost wages, and right to future benefits.
In 2022 alone, more than 56,000 workers’ compensation claims were filed in Florida (Florida Division of Workers’ Compensation Annual Report). Yet many of these claims were delayed, denied, or minimized—simply because the injured worker didn’t have proper legal representation. Our Florida work injury attorneys know the rules, the exceptions, and how to fight back.
What Florida Law Says About Your Rights
Let’s break down a few important protections you have under Florida workers’ comp law:
- Medical Care: You’re entitled to 100% coverage of necessary medical treatment for your work-related injury, provided the insurance company authorizes it. This includes doctor visits, medications, physical therapy, surgeries, and even mileage reimbursement for travel to and from appointments.
- Lost Wages: If your injury keeps you from working, you may receive Temporary Total Disability (TTD) or Temporary Partial Disability (TPD) benefits. These are typically calculated as 66 2/3% of your average weekly wage, up to a state-set maximum. As of 2025, Florida’s maximum weekly compensation rate is $1,295.
- Impairment Benefits: Once you’ve reached maximum medical improvement (MMI), you may qualify for impairment benefits based on the extent of permanent injury.
- Vocational Rehabilitation: If you cannot return to your previous job, you may be eligible for retraining or job placement services.
Unfortunately, knowing these rights doesn’t stop insurance companies from challenging them. That’s why having a workers’ compensation lawyer in Florida by your side is not just a good idea—it’s often the difference between a denied claim and a fully paid one.
How We Help You Avoid These Traps
At Sternberg | Forsythe, P.A., we don’t just fight for compensation—we help you avoid mistakes from the start. Here’s how we support injured workers:
- Initial Consultation: We evaluate your case and help you understand your rights under Florida law. This is always free.
- Communication With Insurers: We handle communication with the insurance company, so you don’t have to worry about saying the wrong thing.
- Medical Guidance: We help you get the treatment you need and, if necessary, challenge denied authorizations.
- Benefit Recovery: If your checks have stopped, we pursue action to restore them quickly.
- Settlement Negotiation: We ensure that any settlement offer reflects your long-term needs—not just a quick fix for the insurer.
Frequently Asked Questions About Florida Work Injuries and Workers’ Comp
What should I do if my employer refuses to report my injury?
If your employer won’t report your injury, you can notify the insurance company directly. Florida law allows injured workers to report a workplace accident themselves. You can also contact the Employee Assistance and Ombudsman Office with the Division of Workers’ Compensation for support—or contact our Florida work injury attorneys to handle it on your behalf.
Can I choose my doctor after a work injury?
In Florida, the insurance company usually selects your authorized treating physician. However, you are allowed a one-time change of doctor, but the request must be made in writing. You may choose your own if the insurance company fails to provide a new doctor within five days. Our team can help navigate this process to ensure you receive the necessary care.
What if a third party caused my work injury?
If a third party (such as a subcontractor or equipment manufacturer) caused your injury, you may be eligible to file a personal injury lawsuit in addition to your workers’ comp claim. This could allow you to recover additional damages like pain and suffering, which are unavailable under workers’ comp. We can help determine if a third-party claim applies to your case.
Can I be fired for filing a workers’ compensation claim?
No. Florida law prohibits employers from retaliating against workers who file a legitimate claim. If you believe you’ve been wrongfully terminated or threatened, we can take legal action to protect your rights and seek compensation for any damages resulting from retaliation.
Need help? Contact our workers’ comp law firm in Florida today.
Don’t Go It Alone—We’re Ready to Fight
When you’ve suffered a work injury, your focus should be on healing—not navigating red tape or battling insurance adjusters. But if you try to handle your claim on your own, there’s a good chance you’ll face the very tactics we’ve outlined here. That’s where we come in.
We take pride in representing Florida workers from all walks of life. Whether you were injured in an office, on a construction site, or while driving for your job, our team is here to level the playing field. We’re not intimidated by big insurance companies—and we won’t let them push you around.