
If you’ve been injured on the job in Florida, hiring a workers’ compensation attorney can be the difference between maximizing your case value and never receiving all the medical and wage benefits to which you are entitled. Continue reading and reach out to the Law Firm of Kevin A. Moore to learn why legal representation is critical to get the best outcome on your case.
Insurance Companies Do Not Want to Pay Money on Workers’ Compensation Claims
Workers’ comp adjusters focus on minimizing payouts. Without an attorney, you will certainly face medical delays, wage denials, or reduced benefits. A workers’ compensation lawyer who knows the law will use all the tools available to make sure you receive the necessary medical care and lost wages. The Workers’ Compensation Court System is overseen by a Judge of Compensation Claims. If the insurance company denies your benefits, you need a lawyer with experience to get your medical care authorized and money paid to you. The best and quickest way to get your benefits is to have your case brought by a workers’ compensation lawyer before a Judge. The Judges have offices throughout Florida, including district offices in:
- Ft. Lauderdale
- Ft. Myers
- Jacksonville
- Miami
- Orlando
- Pensacola
- St. Petersburg
- Tallahassee
- Tampa
- West Palm Beach
Our firm has vast experience in all of these districts and with all of these Judges and Mediators, which leverages our knowledge to our clients’ benefit.
Understanding Florida Workers’ Compensation Law
Florida’s workers’ compensation law is designed to provide medical and wage benefits to employees who are injured in the course and scope of their employment, regardless of who was at fault. Unlike personal injury cases, you do not have to prove negligence. However, this does not mean the process is easy. In fact, it’s often the opposite.
Florida Statutes Chapter 440 governs the entire workers’ compensation system, and it’s filled with strict procedures, complex timelines, and limits that affect your benefits. For example, injured workers must report their injury within 30 days, or risk losing their claim altogether. You must also receive treatment from an authorized medical provider chosen by the insurance company, unless certain exceptions apply.
Under this system, you are entitled to compensation for necessary medical care, a portion of your lost wages, and certain out-of-pocket costs. However, benefits do not include pain and suffering, and coverage can be denied or delayed based on technicalities or disputes over medical opinions.
It’s also important to know that the Florida Division of Workers’ Compensation does not automatically enforce your rights. If the employer or their insurance carrier does not comply with the law, the burden is on you, the injured worker, to take legal action. That’s where hiring an attorney becomes essential. We step in to level the playing field and protect your interests from day one.
Maximizing Your Wage Benefits & Medical Coverage
Understanding your workers’ compensation benefits is crucial to your recovery, both physically and financially. In Florida, injured workers may qualify for several types of benefits, and a skilled attorney ensures those benefits are paid in full, at the correct rate, and on time.
- Temporary Total Disability (TTD): If your authorized doctor says you cannot work at all due to your injury, you should receive Temporary Total Disability benefits. These are paid at 66 2/3% of your average weekly wage, up to a statutory maximum. An attorney ensures that your average weekly wage is calculated correctly—something insurance companies routinely get wrong by excluding bonuses, overtime, or concurrent employment.
- Temporary Partial Disability (TPD): If you’re able to work in some capacity but are earning less than 80% of your pre-injury wage, you may be eligible for Temporary Partial Disability benefits. These benefits help bridge the gap between your pre-injury and post-injury earnings. Calculating this benefit requires close attention to detail, and insurers often underpay or delay these benefits without proper justification.
- Impairment Income Benefits (IIBs): Once your doctor determines you’ve reached Maximum Medical Improvement (MMI), you may receive a Permanent Impairment Rating and be entitled to Impairment Income Benefits. The value of this rating—and the resulting payment—is often underestimated by the insurance carrier unless challenged by an experienced attorney who understands how to dispute low ratings and secure fair compensation.
- Permanent Total Disability (PTD): If your injuries are so severe that you are permanently unable to return to work in any capacity, you may qualify for Permanent Total Disability benefits, which continue until age 75 (or for life, in some circumstances). These cases are complex and heavily contested, requiring aggressive legal action and expert medical evidence.
- Medical Benefits: You are entitled to all medically necessary treatment related to your injury, including surgeries, physical therapy, medications, and more. However, because the insurance company controls the choice of doctors, you may not receive the care you need unless your attorney intervenes. Our firm fights to make sure your treatment is timely, appropriate, and compliant with Florida law.
- Mileage and Out-of-Pocket Reimbursements: You are also entitled to reimbursement for travel to and from medical appointments, prescription expenses, and other costs directly related to your care. These benefits are often overlooked, but they add up quickly. Our team ensures you’re repaid every dollar you’re owed.
Getting these benefits requires constant advocacy, precise documentation, and relentless follow-up, especially when the insurance company’s goal is to do the bare minimum. We make it our mission to go far beyond that.
How Insurance Companies Undermine Valid Claims
Insurance companies do not exist to help injured workers. Their business model is built around collecting premiums and minimizing payouts, and they use a range of tactics to undercut legitimate claims.
- Surveillance and Private Investigators: Once you file a claim, you may be under surveillance. Insurers often hire private investigators to monitor your activities and capture photos or videos they can use to challenge your injury severity or credibility. Something as simple as carrying groceries or walking your dog can be misconstrued. We prepare our clients in advance to avoid these traps.
- Questioning the Cause of Injury: It’s common for insurers to argue that your injury did not occur at work, or that it stemmed from a “pre-existing condition.” They may try to pin your injury on a prior accident, age-related degeneration, or even hobbies outside of work. A strong attorney will gather your full medical history, obtain expert opinions, and build a case that directly links your injury to your employment.
- Lowballing Average Weekly Wage (AWW): The insurer must calculate your average weekly wage accurately, including all earnings such as bonuses, commissions, and second jobs. But many carriers omit key income sources to reduce your benefits. We audit your wage records and, when necessary, file formal challenges to ensure full compensation.
- Delaying Treatment and Payments: Delays are another tactic—slow approvals for MRIs, surgeries, or referrals; late wage payments; or unexplained denials. These are not mere inconveniences—they are deliberate moves to frustrate you into giving up or settling for less. Our legal team files Petitions for Benefits, motions to compel action, and requests expedited hearings when necessary to keep your case moving forward.
- Offering Inadequate Settlements: Finally, insurers may offer quick settlements far below the true value of your claim, hoping to catch you in a moment of financial stress or confusion. Without a lawyer, you could unknowingly sign away important future rights. We evaluate every settlement in the context of your injury, your ongoing care, and your long-term earning capacity to ensure the deal serves your best interests.
Don’t let the insurance company decide what you deserve. Their interests are not aligned with yours, and without skilled legal representation, you are vulnerable to every trick in the book. Our job is to expose those tactics and fight back hard.
Fighting Claim Denials & Delays
One of the most frustrating parts of a Florida workers’ compensation case is when your claim is denied or delayed, especially when you’re injured, out of work, and relying on that support. Insurance companies often deny claims as a first tactic, hoping you won’t push back. That’s why hiring an experienced workers’ compensation attorney is critical if your benefits are denied or your care is being stalled.
When a claim is denied, the insurance company is not obligated to explain or revisit its decision without pressure. It takes legal action to move things forward. A workers’ compensation lawyer can file a Petition for Benefits with the Judge of Compensation Claims (JCC), which is the formal way to demand medical treatment, lost wages, or other benefits. Without this step, your case will remain at a standstill.
Delays can happen in many forms—waiting for medical authorizations, delayed wage payments, or ignored treatment requests. These are not just inconveniences; they directly affect your health and livelihood. An attorney who knows the system can push for expedited hearings, file motions to compel the insurance company to act, and escalate your case when necessary. They can also ensure that the insurer follows legal deadlines and doesn’t abuse the system to stall your recovery.
It’s also important to know that if your claim is denied based on something like a pre-existing condition or a claim of insufficient evidence, your lawyer can gather medical records, secure expert opinions, and depose witnesses to build a strong case on your behalf.
Timing matters. The longer you wait to challenge a denial, the longer you go without care or income. Florida law has strict timelines, and missing one could cost you your rights. Don’t let the insurance company dictate your recovery—get legal help immediately to fight for the benefits you deserve.
Negotiating The Best Settlement
Insurers will offer low settlements that don’t take into account the seriousness of your injury. Without an attorney, it is very difficult to get the insurance company to pay the true value of your case. Although Florida’s Workers’ Compensation statute does not provide monetary compensation for pain and suffering, an experienced Florida workers’ compensation attorney will strategize and structure your case for the best settlement.
Protecting You from Employer Retaliation
Some employers try to discourage injured workers in Florida from filing workers’ compensation claims or retaliate against injured workers, such as by alleging an act of fraud. A workers’ comp lawyer will direct and guide you through these types of circumstances. Before you agree not to file your workers’ compensation claim, call Attorney Kevin Moore to weigh your options and understand your rights.
No Upfront Attorney Fees or Costs – You Pay Only if You Win
We understand how stressful life becomes after a workplace injury, especially when you’re unsure how you’ll cover medical expenses, pay bills, or support your family while you’re unable to work. That’s why our firm is committed to making legal representation accessible to every injured worker, regardless of their financial situation. When you hire us, there are absolutely no upfront fees or out-of-pocket costs. We only get paid if we secure benefits or a settlement for you.
Contact a Florida Workers’ Compensation Attorney Today
The sooner you hire a workers’ compensation attorney, the better your chances of securing the benefits you deserve. Don’t let the insurance company control your case—protect your rights with experienced legal representation.
Would you like assistance connecting with a top Florida workers’ comp attorney? Our firm is available to discuss your case with no obligation. All consultations are completely confidential and free of charge. We represent clients throughout the state of Florida, including in Fort Lauderdale, Miami, Orlando, Tampa, Lakeland, Largo, Maitland, Altamonte Springs, Brandon, Clearwater, Pinellas Park, and St. Petersburg. Contact The Law Firm of Kevin A. Moore today for a free consultation.
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