If you have been injured on the job in Florida, you may expect workers’ compensation to be a straightforward process: report the injury, file your claim, get your benefits. Unfortunately, for many workers, it is not that simple. From denied claims to employer retaliation, the Florida workers’ compensation system is filled with hurdles that can be overwhelming without experienced legal help.
At Sternberg | Forsythe, P.A., we have helped thousands of injured Florida workers fight for the benefits they are legally entitled to. Below, we break down the seven most common issues employees face when filing a Florida workers’ compensation claim—and how to avoid them.
Failing to Report the Injury on Time
Under Florida law, you are required to report your workplace injury to your employer within 30 days of the incident (or the date you knew the injury was work-related). Failing to report it within this time frame could result in your claim being denied.
However, it is best to report the injury immediately—not just for legal reasons but also to ensure a clear connection between your injury and your job. Delays can cause insurers to question the legitimacy of the claim.
Tip:
Document the report in writing and keep a copy. If possible, ask your employer to complete a formal incident report.
Claim Denials Due to “Preexisting Conditions”
One of the most frustrating issues workers faces is having their claim denied because the insurance company says the injury was due to a preexisting condition rather than a work-related event.
In Florida, an injury is only compensable if the work accident is more than 50% responsible for the injury when compared to all other causes (this is called the “major contributing cause” rule). Insurance companies often use this rule to deny claims involving back problems, joint injuries, or repetitive stress injuries.
Tip:
If you are facing this issue, medical evidence and legal expertise are critical. Our attorneys work with medical professionals to establish the true cause of your injury.
Disputes Over the Severity of Your Injury
Even if your claim is accepted, disputes often arise over how severe your injury is or how long it will affect your ability to work. This can affect the type and number of benefits you receive, such as:
- Temporary Total Disability (TTD)
- Temporary Partial Disability (TPD)
- Impairment Income Benefits (IIB)
- Permanent Total Disability (PTD)
Insurance companies often minimize the severity of injuries or argue you can return to work before you are medically ready.
Tip:
Follow your treating physician’s recommendations strictly and attend all follow-up appointments. If needed, you may be entitled to request a one-time change of physician under Florida law.
Being Sent to an Employer-Friendly Doctor
Under Florida’s workers’ compensation system, your employer (or their insurance company) typically chooses the doctor who treats you. Unfortunately, some of these doctors are known for being “employer-friendly,” meaning they may downplay your injury or push you to return to work prematurely.
This can jeopardize your recovery and impact on the benefits you receive.
Tip:
If you feel your doctor is not acting in your best interest, you have the right to request a change. However, this is a one-time option, so make sure to consult an attorney first to make the right move.
Retaliation or Intimidation by Your Employer
While it is illegal in Florida for an employer to retaliate against an employee for filing a workers’ compensation claim, it unfortunately still happens. Retaliation can take many forms, including:
- Unjustified termination
- Reduced hours or demotion
- Harassment or hostile work environment
- Threats about your immigration status
Fear of retaliation keeps many injured workers from filing at all.
Tip:
You are protected by law. If you have been threatened or treated unfairly after filing a claim, contact a Florida workers’ compensation attorney immediately. Sternberg | Forsythe, P.A. has extensive experience handling retaliation claims.
Wage Loss Disputes and Delayed Benefit Payments
Florida workers’ compensation provides wage replacement for injured workers who miss more than seven days of work. But disputes often arise over:
- The average weekly wage (AWW) used to calculate your benefits
- Whether you are eligible for total or partial disability benefits
- Delays in receiving payments
Even small calculation errors can significantly reduce your benefits over time.
Tip:
Make sure your wages include overtime, bonuses, and second job if applicable. An attorney can review your pay history to ensure your AWW is accurate.
Being Told You are “Not an Employee”
Some employers try to avoid paying workers’ comp by misclassifying employees as independent contractors. In other cases, they may claim you are not eligible because you are a part-time, seasonal, or temporary worker.
Florida law provides coverage to most employees, including full-time, part-time, and seasonal workers. If your work benefits the employer and you follow their directions and schedule, you are an employee under the law.
Tip:
Do not take your employer’s word for it. We can help determine whether your employment status qualifies you for benefits.
What to Do If You Are Facing One of These Issues
You are not alone—and you are not without options. Florida’s workers’ compensation laws can be confusing and intimidating, especially when employers and insurers do not play fair. But at Sternberg | Forsythe, P.A., we make it our mission to protect injured workers’ rights and hold employers accountable.
If your claim has been denied, delayed, or disputed, or if you are facing retaliation or medical issues related to your treatment, we can help. Our firm offers:
- Free initial consultations
- No fees unless we recover benefits for you
- Experienced legal support throughout every stage of the claim
How a Workers’ Compensation Attorney Can Help
Trying to navigate the system alone can cost you time, money, and your health. An experienced Florida workers’ compensation lawyer can:
- File your claim correctly and on time
- Handle appeals and denials
- Negotiate with insurance companies
- Ensure you receive the correct benefit amount
- Fight employer retaliation or misclassification
Having a trusted legal advocate levels the playing field and gives you the best shot at receiving full and fair compensation.
Let Sternberg | Forsythe, P.A. Fight for Your Rights
Do not let delays, denials, or dishonest tactics derail your workers’ comp claim. At Sternberg | Forsythe, P.A., we have spent decades fighting for injured Florida workers—and we are ready to help you, too.
Contact us today for a free consultation and learn how we can take the pressure off your shoulders so you can focus on healing and moving forward.