When you’re injured on the job in Florida, understanding the value of your workers’ compensation case is essential. At Sternberg | Forsythe, P.A., we guide clients through the complexities of the system to ensure they receive every benefit the law allows. As a dedicated workers’ compensation law firm in Florida, our goal is to provide clear answers and strong advocacy every step of the way.
Understanding Workers’ Compensation in Florida
Florida’s workers’ comp system provides two primary benefits: medical treatment and lost wage compensation. It operates on a no-fault basis, which means injured workers can receive benefits without having to prove the employer was negligent.
The Florida Department of Financial Services oversees this program. As of January 1, 2025, the maximum weekly compensation rate for injured workers is $1,295, which is based on the average statewide wage.
Calculating Your Average Weekly Wage (AWW)
Your benefits depend heavily on your Average Weekly Wage (AWW), which is calculated by averaging your earnings over the 13 weeks prior to your accident. This includes wages, overtime, and other compensation.
Disagreements over how AWW is calculated are common. As Florida work injury attorneys, we carefully review pay records to ensure our clients aren’t shortchanged. Even a small miscalculation can mean a significant loss over the life of a claim.
Types of Workers’ Comp Disability Benefits
Temporary Total Disability (TTD)
If you’re unable to work at all during recovery, you may qualify for TTD. These benefits typically equal 66.67% of your AWW, capped at the state maximum. Some severe injuries may qualify for 80% of your AWW for up to six months.
Temporary Partial Disability (TPD)
If you can return to work in a limited capacity and earn less than before, TPD benefits can make up part of the difference. These are calculated as 80% of the difference between 80% of your pre-injury wages and your current earnings.
Permanent Impairment Benefits (PIB)
After reaching Maximum Medical Improvement (MMI), your doctor assigns an impairment rating. PIB is paid at 75% of your TTD rate based on that rating, compensating you for permanent loss of function.
Permanent Total Disability (PTD)
If you can never return to gainful employment, you may qualify for PTD benefits. These are paid at 66.67% of your AWW and can continue for life, depending on age and other benefits like Social Security.
Common Injuries in Florida Workers’ Comp Cases
We see many different types of workplace injuries in Florida, but some of the most common include:
- Back and neck injuries from lifting or falls
- Repetitive strain injuries such as carpal tunnel
- Slip and fall injuries resulting in fractures or concussions
- Machinery-related injuries like crush accidents or amputations
- Construction site accidents involving heavy equipment
Any of these injuries can lead to serious complications and long-term disabilities, especially without timely treatment and proper legal guidance.
Florida’s “90-Day Rule” for Medical Care
For the first 90 days, your employer or their insurance company selects your doctor. After that, you have a one-time right to request a change. But this request must be handled correctly—delay or procedural errors can cost you.
We regularly help clients exercise this right strategically, making sure they get treatment from doctors who prioritize recovery over insurance cost-cutting.
What Florida Workers’ Comp Doesn’t Cover
Workers’ comp doesn’t compensate for everything. It does not cover:
- Pain and suffering
- Emotional distress
- Punitive damages
- Negligence claims against your employer (in most cases)
However, if a third party caused your injury—like a reckless driver or a defective equipment manufacturer—you may be able to file a separate personal injury lawsuit to recover full damages.
Third-Party Claims
You can’t sue your employer under most circumstances, but you can sue a negligent third party. Examples include:
- A subcontractor on a job site
- The driver who caused a work-related car accident
- The manufacturer of a faulty ladder, tool, or machine
These claims are completely separate from your workers’ comp case, and pursuing them can dramatically increase your total compensation. We help clients evaluate all possible legal options.
Time Limits You Need to Know
Florida law sets tight deadlines:
- Report the injury to your employer within 30 days
- File your claim with the state within 2 years
Missing either deadline can cost you your rights. There are rare exceptions, such as mental incapacity or employer misrepresentation, but these are difficult to prove. Our workplace accident attorneys in Florida act quickly to preserve your claim.
Settlements: Should You Accept a Lump Sum?
Many workers’ comp cases end in settlement. In Florida, this may involve a lump sum or a structured payment plan in exchange for closing the claim.
Your potential settlement depends on:
- Your AWW
- The extent of permanent disability
- Future medical needs
- Your ability to return to work
- Your age and life expectancy
We negotiate settlements aggressively, ensuring our clients don’t accept lowball offers that fail to account for future surgeries, rehabilitation, or job changes. Settling too early or without proper representation can cost tens of thousands of dollars.
How We Maximize Case Value
Here’s how we help clients get the most from their claim:
- Accurate wage calculations so every dollar counts
- Medical provider changes when initial care falls short
- Independent medical evaluations for fair impairment ratings
- Aggressive settlement negotiations backed by case law and data
- Third-party claim investigations to unlock additional compensation
We don’t just file forms—we fight for your future.
Why Choose Sternberg | Forsythe, P.A.
At Sternberg | Forsythe, P.A., we bring decades of combined experience to every case. Our Florida work injury attorneys work tirelessly to protect the rights of injured workers across the state. From initial injury reports to hearings, medical disputes, and final settlements, we’re with you every step of the way.
We’ve built our reputation as a trusted workers’ comp law firm in Florida by providing:
- Clear communication
- Honest assessments
- Tireless advocacy
- Proven results
When your job injures you, we’re the firm that works for you.
Frequently Asked Questions About Florida Workers’ Compensation
Can I see my own doctor after a workplace injury in Florida?
Not right away. In Florida, your employer (or their insurance company) chooses your treating doctor during the first 90 days. After that, you’re entitled to request a one-time change of physician—but it must go through the proper channels. If you see an unauthorized doctor, the insurance company may refuse to pay for the treatment.
What happens if my workers’ comp claim is denied?
Don’t panic. Many claims are denied initially due to missing documentation, disputes over whether the injury was work-related, or simple administrative errors. You have the right to appeal. An experienced Florida workers’ comp lawyer can help you gather evidence, challenge the denial, and represent you at a hearing before the Judge of Compensation Claims.
Do I have to return to work if I don’t feel ready?
If your authorized doctor releases you for light-duty or modified work, you’re expected to return—if your employer can accommodate the restrictions. If you disagree with the doctor’s assessment, you may request a second opinion or Independent Medical Examination (IME). Don’t ignore medical orders or quit without speaking to an attorney, as it may jeopardize your benefits.
Are mental health issues covered under Florida workers’ comp?
Mental and emotional injuries are only covered if they stem from a physical injury. For example, PTSD that results from a traumatic accident may be compensable if linked to a physical injury. Florida law makes it difficult to get benefits for purely psychological injuries, so legal guidance is essential.
Can I be fired while on workers’ compensation?
Technically, yes—but your employer cannot fire you because you filed a workers’ comp claim. That would be considered retaliation, which is illegal. If you suspect your termination is related to your claim, contact a workplace accident attorney in Florida immediately.
Protecting Your Rights When Injured at Work
Understanding what your Florida workers’ compensation case is worth means looking at more than just a paycheck stub. It requires legal insight, medical knowledge, and a team that knows how to push back against insurers who often undervalue claims.
If you’ve been hurt at work, you don’t have to face the system alone. Contact Sternberg | Forsythe, P.A. today for a free consultation. Let our experienced team of workers’ compensation lawyers in Florida help you protect your health, your income, and your future.