Work Injury & Workers' Compensation Lawyers in Florida

Workers' compensation insurance, also known as industrial insurance or workers' comp, shields employers and employees from the financial burden of a work-related injury or illness. This type of insurance covers the insured's medical expenses and costs arising from the injury sustained in the workplace.

The requirements for workers' compensation insurance in Florida vary depending on several factors. In most cases, companies with four or more employees need workers' compensation coverage. 

Florida laws require employers in the following industries to provide workers' compensation coverage for eligible employees:

• Construction companies with at least one employee
• Non-construction companies consisting of at least four employees
• Out-of-state employers
• Contractors 
• Agricultural companies with at least six employees or at least 12 temporary employees who work more than 30 days in a season but no more than 45 days a calendar year

Certain workers and industries may not need workers' compensation insurance in Florida. However, they can still purchase this insurance if they so wish.

That said, the following workers and companies do not necessarily need workers' comp coverage in The Sunshine State. 

• Sole proprietors
• Any business with fewer than four employees
• Independent contractors

Florida workers' compensation insurance covers all types of injuries, but a few exceptions exist. For example, you may not be eligible for coverage if you intentionally injured yourself or were under the influence of drugs or alcohol when you got injured. In addition, you cannot file a claim for an injury that occurred when you were off the clock. 

In most cases, you cannot file a workers' comp claim and a personal injury lawsuit against your employer simultaneously. The whole point of having workers' compensation insurance is to avoid the financial burden of treating the injuries sustained due to workplace accidents and other related expenses.

When you file a worker's compensation claim, you waive your right to file a personal injury lawsuit against your employer. 

However, it is possible to file a personal injury lawsuit and a worker's compensation claim simultaneously, but not against your employer. 

For example, suppose you got into an accident while driving a company vehicle. In that case, you may be able to file a worker's compensation claim with your employer and a separate personal injury claim with the other party's insurer seeking compensation for your injuries. 

The state of Florida requires certain employers to provide worker's compensation coverage for their employees. Therefore, the state already has a system in place to protect you if you get injured in the workplace; thus no need for a lawsuit against your employer. However, although rare, it is possible to sue your employer and not file worker's compensation.

Here are a few examples of such situations: 

Say, for example, you got injured in the workplace and then realized that your employer did not have workers' compensation insurance. In that case, you may be able to file a lawsuit against them for failing to provide this coverage as required by law. 

Another example is if your employer intentionally injured you. For instance, imagine a situation where your employer walks into your office and physically assaults you, leaving you with several broken bones. In that case, you may be able to file a personal injury lawsuit against them even though you sustained these injuries while on shift. 

Worker's compensation laws are broad. Contact an experienced workers' compensation lawyer to learn more about your legal options if you have been injured in the workplace. 

You have up to two years from the date of the work-related injury to file a workers' compensation claim in Florida. Keep in mind that you have 30 days from the date of the injury to report it to your employer. You will likely lose your right to pursue compensation if you miss these deadlines.

But, as expected, there are some exceptions to this rule. You may be able to file a workers' compensation claim later than two years after the accident if:

• the worker was a minor when they got injured in the workplace;
• the worker is mentally incompetent;
• the employer misled the employee about their benefits; or
• the employee was not properly informed about their rights as provided by the insurance policy.

The truth is that not every situation requires the intervention of a workers' compensation attorney. Specifically, you may not need such an attorney if:

• your employer (or their insurer) does not dispute your claim;
• you suffered very minor injuries;
• you did not miss work due to the injury; or
• you do not have a pre-existing condition that could worsen due to the most recent workplace injury. 

That said, you might need an attorney if:  

• your employer disputes your claim or refuses to pay your benefits promptly;
• the settlement offer from your employer's insurer does not reflect the actual value of your claim;
• the injuries you sustained prevent you from returning to work;
• the injuries you sustained limit the tasks you can do at work or prevent you from working at all;
• you intend to apply for Social Security Benefits, or you already receive such benefits;
• your employer retaliates against you for filing a workers' compensation claim;
• a third party, such as a product manufacturer, is responsible for your injuries; or
• you got injured due to your employer's gross misconduct.

Workers' compensation insurance works just like your car insurance. Here is how:

Your insurance premiums might increase when you file a claim with your insurance provider. The same applies to workers' comp. 

Your employer might retaliate against you for filing a workers' comp claim because their premiums probably went up. In addition, depending on the nature of the accident, filing a claim could create negative publicity for the business. 

Keep in mind that in some industries, employers must inform regulators when such injuries occur.   

Workers' compensation attorneys can help in many different ways. The exact manner such an attorney might help depends on the specifics of your case. In general, a seasoned workers' comp lawyer can:

• Help you fill out important paperwork regarding your claim
• Ensure you keep up with crucial deadlines when filing a claim
• Gather crucial evidence to support your case
• Assess the damages you suffered due to the injury
• Devise the best legal strategy to pursue compensation 
• File an official claim with your employer or their insurer
• Negotiate a reasonable settlement with the insurer
• File an appeal on your behalf if necessary 

If your injuries are permanent, you will need an attorney to fight for you. The attorney will review the nature of the injuries and assess the damages incurred. They will then estimate the compensation you may be eligible for before filing a claim with your employer's insurer. Remember that you cannot reopen the case once you accept the settlement offer unless under the exceptions we discussed earlier.

For this reason, it is extremely important that you involve an attorney if you suffer serious injuries in the workplace, whether permanent or temporary. 

One great benefit of working with such an attorney is that they are always motivated to win. This is because they will deduct a small portion of the settlement to cover attorney fees and other legal costs of pursuing the claim. Therefore, a win for you is a win for your attorney.

And because these attorneys are always motivated to win and defend your rights, you can count on them to maximize your claim.

In Florida, you may be eligible for temporary total disability benefits. This applies if you need some time away from work to recover from the injury or illness you sustained while at work. However, you may only receive these benefits if the injury keeps you away from work for 21 days or more.

If you suffer a permanent disability affecting your work ability, you may be entitled to permanent disability benefits. The monetary value of permanent disability benefits will depend on the severity of the disability and whether you can work to some extent. 

If you cannot work at all, even a sedentary job, you may be entitled to permanent total disability benefits. In most cases, these benefits continue until you are 75 years old or for the rest of your life if you do not qualify for Social Security benefits.

In addition, you may be entitled to medical benefits, vocational rehabilitation, and death benefits if you are the eligible spouse, child, or another dependent relative of an employee who died due to a workplace illness or injury. 

Although workers' compensation allows injured workers to receive the treatment they need after getting injured in the workplace, this system also has some drawbacks. 

When you file a workers' compensation claim, you lose your right to file a lawsuit against your employer for your injuries. 

In addition, workers' compensation mostly covers your medical bills and lost wages. As a result, you cannot claim pain and suffering even if you suffer severe injuries. 

On the brighter side, though, workers' compensation claims are usually faster to process (unless your employer or their insurer disputes the claim). Additionally, these benefits are usually tax-free. 

When looking for the best Florida workers' compensation lawyers, you should always consider their experience, reputation, track record, resources, and whether they can fight for you in court if the need arises. These qualities define Morgan and Morgan, the largest personal injury law firm in the United States.

Our law firm has been fighting for workers' rights in Florida and throughout the country since 1988. Since then, we have grown to become the go-to injury law firm for workers needing legal representation in various areas of personal injury law, including employment-related cases. 

To put things into perspective, Morgan and Morgan was recently recognized as the law firm that filed the most employment litigation cases in the US over the past five years. 

In addition, our attorneys understand how workers' comp laws work in Florida and at the federal level. And because we have dealt with countless employers and insurance companies for over three decades, you can count on us to fight for you fiercely and aggressively, ensuring you receive the compensation you deserve following a workplace-related injury or sickness. 

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