You got hurt at work, and now the paperwork and the deadlines are stacking up. I help injured Florida workers get the medical care and the benefits they are owed.
Florida Bar No. 39104. Solo practice in Orange Park. Of Counsel to Soud Law Firm. Free consultation.
Call 904-383-7448Reviewed by Graham W. Syfert, Esq., Florida Bar No. 39104. Last updated .
Graham W. Syfert represents injured Florida workers. He handles denied claims, disputes over authorized treatment, indemnity calculations, settlements under section 440.20(11), retaliation claims under section 440.205, and third-party suits that run alongside the comp claim.
Florida workers' comp lives in chapter 440, Florida Statutes. Report your injury to the employer in writing within 30 days under section 440.185. See the doctor the carrier authorizes under section 440.13. Use your one-time change of physician deliberately. Watch for retaliation.
Most consultations are free, and most fees are paid by the carrier under section 440.34 when benefits are secured. Call 904-383-7448 or read on.
Florida workers' comp begins with notice. Section 440.185, Florida Statutes, requires the worker to give written notice of injury to the employer within 30 days of the accident, or within 30 days of the date the worker knew or should have known the injury was work-related. For occupational diseases, the clock runs from manifestation.
"An employee who suffers an injury arising out of and in the course of employment shall advise his or her employer of the injury within 30 days after the date of or initial manifestation of the injury." Section 440.185(1), Florida Statutes. Read the full text.
Miss the 30 days and the claim is generally barred. Three narrow exceptions exist: the employer had actual knowledge, the employer was prejudiced by lack of notice, or other exceptional circumstances justified the delay. Do not rely on the exceptions. Give written notice on day one.
Florida workers' comp pays only for medical care provided by a doctor authorized by the employer's carrier. Section 440.13. Going to your own doctor without authorization typically means paying out of pocket. The one exception: emergency treatment. Get to the ER first, then sort authorization.
The most useful tool the statute gives an injured worker is the one-time change of physician under section 440.13(2)(f). Once during the life of the claim, the worker may request a change of authorized physician. The carrier has five days to authorize an alternate. If the carrier does not act within five days, the worker may select the alternate.
"Upon the written request of the employee, the carrier shall give the employee the opportunity for one change of physician during the course of treatment for any one accident." Section 440.13(2)(f), Florida Statutes. Read the full text.
Use the one-time change deliberately. The carrier will fight to authorize a defense-friendly replacement. The smart move is to request the change in writing on a specific day, identify the worker's preferred alternate in the request, and watch the calendar.
Indemnity benefits compensate lost wages. The four main types under chapter 440:
Two-thirds of average weekly wage when the worker cannot perform any work. Capped at 104 weeks under section 440.15(2).
Available when the worker can do limited work but earns less than 80 percent of pre-injury wages. Section 440.15(4).
Paid based on the impairment rating assigned at maximum medical improvement using the Florida Impairment Rating Guide. Section 440.15(3).
Paid when the worker is unable to engage in at least sedentary employment. Section 440.15(1). Can extend to age 75 or for life depending on the date of injury.
Average weekly wage drives every indemnity number. Section 440.14 calculates AWW from the 13 weeks of earnings before the injury, with adjustments for short-term workers, concurrent employment, and irregular pay. Get the AWW right and the rest follows.
A workers' comp settlement closes the claim in exchange for a lump sum. Section 440.20(11), Florida Statutes, governs settlement. The worker waives the right to future medical care, future indemnity, and future disputes. The carrier writes a check.
Settlement is not always the right answer. The decision turns on three numbers: the projected cost of future medical care, the likelihood and value of future indemnity, and the worker's tolerance for ongoing claim management. Settle too early and the surgery the worker needs in two years comes out of pocket.
Medicare Set-Aside considerations apply when the worker is on Medicare or close to becoming eligible. The carrier and the worker must allocate a portion of the settlement to future medical care that Medicare would otherwise pay. Skipping the MSA analysis can create personal exposure to Medicare conditional payments.
An employer may not fire, threaten, or otherwise retaliate against a worker for filing or attempting to file a comp claim. Section 440.205, Florida Statutes.
"No employer shall discharge, threaten to discharge, intimidate, or coerce any employee by reason of such employee's valid claim for compensation or attempt to claim compensation under the Workers' Compensation Law." Section 440.205, Florida Statutes. Read the full text.
Retaliation supports a separate civil action against the employer. Damages can include back pay, front pay, and emotional distress. Document everything: dates, emails, supervisor names, performance reviews before and after the claim. The most useful evidence in retaliation cases is the timeline.
Section 440.11 makes workers' comp the exclusive remedy against the employer in almost every case. The two narrow exceptions: an intentional act virtually certain to cause injury, or an employer that failed to secure comp insurance.
The third path is the third-party claim, a negligence lawsuit against someone other than the employer who caused the injury. Common examples: the manufacturer of a defective machine, a careless driver who hit a delivery worker on the road, a negligent contractor on a shared job site, the maker of a chemical that caused a respiratory injury.
The third-party recovery and the comp claim are separate, but they interact. The carrier asserts a lien against the third-party recovery for benefits already paid. The worker keeps the rest. A skilled lawyer negotiates the lien down so the worker keeps more.
For third-party motor vehicle claims, see the personal injury page.
Six steps. Each one protects the claim.
Thirty days from the date of injury or the date you knew or should have known the injury was work-related. Section 440.185, Florida Statutes. Miss the window and the claim is generally barred.
Generally no. Section 440.13 requires authorized treatment. Going to your own doctor usually means paying out of pocket. Emergency treatment is the exception.
Section 440.13(2)(f) gives an injured worker one change of authorized physician during the life of the claim. The carrier must authorize an alternate within five days, or the worker may select the alternate.
Medical care under section 440.13. Indemnity for lost time under sections 440.14 and 440.15. Death benefits under section 440.16. Vocational rehabilitation in some cases. Settlement under section 440.20(11).
Average weekly wage under section 440.14 is calculated from the 13 weeks of earnings before the injury. Indemnity benefits are typically two-thirds of AWW, capped at the state maximum.
File a Petition for Benefits with the OJCC. Mediation follows. Final hearing if mediation fails. Most denials can be appealed. Attorney fees are payable from the carrier under section 440.34 in successful claims.
Almost never. Section 440.11 makes workers' comp the exclusive remedy. Two narrow exceptions exist. The third path is a third-party claim against someone other than the employer.
A negligence lawsuit against someone other than the employer who caused the injury. The third-party recovery and the comp claim are separate, but the carrier asserts liens against the third-party recovery.
Medical care can last as long as needed for the work injury. TTD is capped at 104 weeks. PTD can extend to age 75 or for life depending on the date of injury and circumstances.
Sometimes. Settlement under section 440.20(11) closes the claim. The decision turns on projected future medical, likely future indemnity, and the worker's tolerance for ongoing claim management.
Section 440.205 prohibits retaliation. Retaliation supports a separate civil action. Document everything.
An IME is a one-time examination by a doctor selected by the carrier or the worker to address a disputed issue. Section 440.13(5). The IME doctor does not treat. The IME report is evidence at the final hearing.
Section 440.34 governs fees. Most contingency fees are payable from the carrier when benefits are secured. Consultations are free. Workers do not pay out of pocket in most successful claims.
A percentage assigned by the authorized treating physician at maximum medical improvement, using the Florida Impairment Rating Guide. Permanent impairment benefits under section 440.15(3) are calculated from the rating.
Yes, with proof. Section 440.151 requires clear and convincing evidence that the disease arose from work and is not an ordinary disease of life. Proof requires medical opinions tying the condition to the job.
Graham W. Syfert, Esq., P.A. is at 575 Wells Road, Orange Park, FL 32073. Of Counsel to Soud Law Firm. Free consultation: 904-383-7448.
If your claim has been denied, your benefits cut off, or your authorized doctor will not listen, you have options. Most consultations are free and most fees are paid by the carrier when benefits are secured.
Call: 904-383-7448575 Wells Road, Orange Park, FL 32073
Serving Northeast Florida and South Georgia