Workers' Compensation Lawyer in Tampa

If you’ve been injured on the job, your life can change in an instant. The injury might be painful, yes, but it’s the aftermath that can be even more overwhelming. Medical bills begin to stack up. Lost wages start to take their toll. You may not know where to turn or what to do next. At the Law Firm of Kevin A. Moore, our mission is to help injured workers across Tampa get the benefits they are legally entitled to under Florida’s workers’ compensation laws. Whether you’re unsure how to start your claim or your benefits have already been denied, you are not alone. We’re here to advocate for you. Contact a dedicated Tampa workers’ compensation lawyer from the Law Firm of Kevin A. Moore for a free consultation today.

What is Workers’ Compensation?

Workers’ compensation is a system designed to provide financial and medical benefits to employees who suffer work-related injuries or illnesses. It is a form of insurance carried by employers, and in Florida, it’s mandatory for most businesses with four or more employees (and even fewer in some industries, like construction).

The goal of workers’ compensation is twofold: to ensure that injured workers get the support they need while preventing drawn-out legal battles between employers and employees. It operates on a “no-fault” basis, meaning you generally don’t have to prove your employer was negligent in order to receive benefits. That said, the process isn’t always simple, and unfortunately, claims are often delayed or denied due to technicalities or disputes over eligibility.

At its best, the system can offer timely help. At its worst, it can be a maze of paperwork, red tape, and denials. That’s where a knowledgeable Tampa workers’ compensation lawyer comes in.

Which Employees Are Covered Under Florida Law?

Florida law covers a wide range of employees under its workers’ compensation statutes. In general, if you are employed by a business that meets state requirements for coverage, you should be protected. That includes:

Full-time and part-time employees
Temporary workers
Some undocumented workers (yes, you may still qualify even without legal immigration status)
Construction workers, who are covered regardless of the size of their employer
Agricultural employees, if the employer has a certain number of workers

However, not everyone qualifies. Independent contractors are typically not covered unless they’ve been misclassified by an employer trying to avoid responsibility. Also, volunteers are generally not included unless they are part of a formal volunteer program recognized by the employer.

Still unsure whether you’re eligible? Our team can review your specific situation and explain your rights in plain English. No legal jargon necessary.

What Are the Most Common Work-Related Injuries?

Work injuries can range from minor inconveniences to life-altering events. Some happen in a single moment, while others develop gradually over time. The most common injuries we see in Florida workers’ compensation claims include:

Each of these injuries can have a serious impact on your ability to work and live normally. Whether your injury occurred suddenly or developed over months, you deserve to be compensated for the harm you’ve suffered.

What Should I Do After a Work Injury?

If you’ve been injured at work, taking the right steps immediately can significantly impact your ability to secure benefits. Here’s what you should do:

Report the injury to your employer as soon as possible. Under Florida law, you typically have 30 days to do this, but it’s best to notify them immediately.
Seek medical attention from an authorized healthcare provider. Your employer or their insurance company will usually choose the doctor. Going to your own physician without approval may hurt your claim.
Document everything. Keep records of your injury, conversations with your employer, medical treatments, and missed workdays.
Follow the doctor’s orders carefully. Failing to comply with treatment can give the insurance company an excuse to reduce or terminate your benefits.
Contact a workers’ compensation attorney if you run into obstacles or feel uncertain about the process.

Remember: it’s not just about healing your body; it’s also about protecting your rights.

How Do I File a Workers’ Compensation Claim in Florida?

Filing a workers’ compensation claim in Florida may seem like a routine procedure, but it involves more than just paperwork. It’s a legal process with strict requirements, specific deadlines, and several key decision-makers involved, from your employer to the insurance carrier to the state itself. Taking the right steps early on can mean the difference between a smooth approval and months of frustrating delays.

Report the Injury Promptly: Under Florida law, you must report your injury to your employer within 30 days of the incident. That might sound generous, but waiting even a few days can raise red flags with the insurance company. Ideally, report the injury as soon as it happens, verbally at first, then in writing for documentation. If the injury developed over time, such as a repetitive stress injury or occupational illness, the 30-day clock begins when you first become aware that the condition may be work-related.
Your Employer Notifies Their Insurer: Once you’ve reported the injury, your employer is legally obligated to inform their workers’ compensation insurance carrier within 7 days. They should also provide you with information about your rights and the authorized medical providers you’re required to see under their plan. If they fail to report your injury, you can contact the Florida Division of Workers’ Compensation directly or speak with an attorney to escalate the matter.
Seek Treatment From an Authorized Medical Provider: Florida’s system typically requires you to see a doctor selected by the insurance company, not your personal physician. While this might seem inconvenient, it’s essential that you follow this rule unless you’re in an emergency situation. Any unauthorized treatment could be denied for reimbursement. The authorized provider’s diagnosis, treatment plan, and progress notes will play a central role in determining your benefits.
Monitor the Status of Your Claim: After receiving notice, the insurance company will investigate your claim. They might request additional documentation, interview witnesses, or consult your medical records. Within 21 days of being notified, the insurer must either begin paying benefits or send you a formal denial. In some cases, they may approve only part of the claim—covering medical treatment but not wage replacement, for example.
Comply with All Requirements and Recommendations: Throughout the process, it’s important that you follow all treatment recommendations, attend every medical appointment, and comply with work restrictions set by your doctor. Insurance carriers are constantly looking for reasons to reduce or terminate your benefits. Missing appointments, declining recommended procedures, or returning to work against medical advice could put your benefits at risk.
Contact a Tampa Workers’ Compensation Lawyer: Although you’re not required to have legal representation to file a claim, having an experienced Tampa workers’ compensation lawyer can provide valuable guidance. At The Law Firm of Kevin A. Moore, we regularly assist clients from the beginning of the claim process to ensure everything is done right the first time. We handle communications with the insurer, gather evidence, and protect you from common mistakes that can lead to claim denials or delays.

What If My Workers’ Compensation Claim Is Denied?

A denied claim can feel like a punch to the gut, especially when you’re already dealing with pain, stress, and lost wages. But here’s the good news: a denial is not the end of the road. It’s simply the next phase in the process, and with the right strategy and legal support, it’s entirely possible to reverse that decision and get the benefits you rightfully deserve.

Why Are Claims Denied in the First Place?

Some of the most common reasons for workers’ compensation claims being denied are as follows:

Missed Deadlines: If you didn’t report the injury within the required time frame, the insurer may argue that your claim is invalid.
Disputed Cause of Injury: The insurance company might claim your injury didn’t happen at work or wasn’t caused by your job duties.
Pre-Existing Conditions: Many insurers try to blame work injuries on pre-existing medical issues, even if your job clearly made the problem worse.
Lack of Medical Evidence: If your diagnosis is unclear, poorly documented, or doesn’t align with your reported injury, the insurer may reject your claim.
Failure to Follow Protocols: Not seeing the assigned doctor, missing appointments, or returning to work against medical advice can all be used as grounds for denial.

These denials often have more to do with the insurer’s bottom line than with the facts of your case. Insurance companies are for-profit businesses, and reducing payouts is in their best financial interest. That’s why it’s critical to have someone in your corner who understands how the system works, and how to fight back.

What Happens After a Denial?

If your claim is denied, you have the right to challenge the decision through the Florida workers’ compensation appeals process. This begins with filing a Petition for Benefits with the Office of the Judges of Compensation Claims (OJCC). The petition must include specific details about the injury, the requested benefits, and the reasons you believe the denial was incorrect. A general overview of the workers’ compensation appeals process in Florida is as follows:

Filing the Petition: This formal document initiates your appeal. It must be filed within 2 years of the injury or within 1 year of the last benefit received, whichever is later.
Mediation: Before heading to a formal hearing, you and the insurance company will be required to attend mediation. This is a structured negotiation facilitated by a neutral third party, where the goal is to resolve the dispute without going to court.
Pretrial Hearing: If mediation fails, a pretrial hearing will be scheduled. Both sides will present their evidence and arguments before a judge.
Merits Hearing (Trial): This is a formal, trial-like proceeding where your case is heard by a workers’ compensation judge. Evidence, witnesses, and expert testimony may all be presented.
Judge’s Decision: After the hearing, the judge will issue a decision. If you win, the insurer may be ordered to pay back benefits and resume future payments. If you lose, you still have the right to appeal to the First District Court of Appeal in Florida.

The appeals process can be highly technical, and the burden of proof falls on you, the injured worker, to prove that the denial was unjustified. This is where having a Tampa workers’ compensation lawyer in your corner becomes not just helpful, but essential.

Contact a Workers’ Compensation Lawyer in Tampa, FL

You don’t have to go through the Florida workers’ compensation system alone. Whether you’re just beginning your claim, facing a denial, or struggling with reduced benefits, the Law Firm of Kevin A. Moore is here to help. Our Tampa office serves injured workers across Hillsborough County and beyond, offering compassionate, knowledgeable, and aggressive representation.

We understand how stressful a workplace injury can be, not just physically, but emotionally and financially as well. Our goal is to relieve some of that burden. We handle the legal work so you can focus on your recovery. And unlike some firms, we don’t pass you off to assistants or paralegals. You’ll work directly with Tampa workers’ compensation lawyer Kevin A. Moore, who has decades of experience helping injured workers throughout Florida. Contact our legal team for a free consultation today.

Get directions to our Tampa law office below:

Tampa Workers’ Compensation Lawyer