Workers Compensation Claims Florida

florida workers comp claim

How to Settle a Florida Workers Compensation Claim

Workers Compensation Sections

Florida Workers Compensation
Florida Workers Compensation Injuries
Florida Workers Compensation Payment

Types of Florida workers compensation claims

There are several types of Florida workers compensation claims that can be filed, including:

Claims that can be filed by the injured worker

Claims that can be filed by the employer or insurance company

Claims Petitions

Petitions to Terminate Benefits

Reinstatement Petitions

Petitions to Modify Benefits

Lump Sum Settlements
(Compromise and Release)

Petitions to Suspend Benefits

Claims Petitions

An injured worker can request payments by filing one of the following types of Florida workers compensation claims petitions:

  • Loss of Wages claim : An injured worker can receive workers compensation payments for loss wages due to total disability or partial disability. Read more about Florida workers compensation payments for loss of wages.
  • Scar claim : An injured worker can receive workers compensation payments for a work-related scar to the head, face, or neck. Read more about Florida workers compensation payments for scars.
  • Specific Loss claim : An injured worker who has lost a body part - or who has suffered permanent loss of use of a body part - can receive workers compensation payments for the loss. Read more about Florida workers compensation payments for specific loss.

Once you file a Florida workers compensation claims petition, your case will be reviewed by a judge .

Reinstatement Petitions

In some instances, your workers compensation payment may have ended or may have been suspended. If your work-related injury or condition acts up again, you can file a Reinstatement Petition to reopen your workers compensation claim.

Since the insurance company may not automatically reinstate your payments, you need to file a Reinstatement Petition. A reinstatement petition generally needs to be filed within 500 weeks - or approximately 9.5 years - from the date of your last workers compensation payment.

Once you file a reinstatement petition, your case will be reviewed by a Florida workers compensation judge .

Lump Sum Settlement (Compromise & Release)

Either the workers compensation insurance company or the injured worker can request to settle future loss of wage payments for one lump sum of money. Some injured workers prefer the lump sum of money over on-going payments so that they can just move on with their lives.

The insurance company may also offer to settle your future medical bills for one lump sum of money. It may not be in your best interest to settle your future medical bills. It is highly recommended that you talk to a lawyer before this decision is made.

Read more about Lump Sum Settlements.

Petition to Terminate Compensation Benefits

When an employer files a Petition to Terminate Compensation Benefits, the employer is asking the Bureau of Workers' Compensation to stop paying you. Employers may file this petition when a company doctor states that you are no longer injured and can return to work.

You have the right to attend a hearing to fight the petition. If you don't attend your hearing, your Florida workers compensation payments may be stopped and you must go back to work. If you don't go back to work, you may lose your job.

If you receive a Petition to Terminate Compensation Benefits and are still too injured to return to work, we recommend talking to a lawyer before your payments are stopped.

Petition to Modify Compensation Benefits

When an employer files a Petition to Modify Compensation Benefits, the employer is asking the Bureau of Workers' Compensation to reduce the amount of money you are being paid. Employers may file this petition because a company doctor says that you can now work a modified, or "light duty" job.

You have the right to fight the petition. If you don't attend your hearing, then your Florida workers compensation payments may be reduced.

If you receive a Petition to Modify Compensation Benefits and are still too injured to work a modified job, we recommend talking to a lawyer before your payments are reduced.

Petition to Suspend Compensation Benefits

When an employer files a Petition to Suspend Benefits, the employer is asking the Bureau of Workers' Compensation to suspend your payments. This petition may be filed if you have failed to comply with certain requirements of the Workers' Compensation Act.

Example: Your employer has a different job available for you that pays the same as your pre-injury job paid. You are rejecting the job offer because you don't feel able to perform the job or for some other reason.

You have the right to fight the petition. If you don't attend your hearing, then your Florida workers compensation payments may be suspended.

If you receive a Petition to Suspend Compensation Benefits, we recommend talking to a lawyer before your payments are suspended.

If you don't have an attorney to help you with your injury claim, the deck is stacked against you. It is important to know your legal rights if you are injured at work. The law firm of Robert J. Fenstersheib & Associates, P.A. has been helping injured Florida workers for over 14 years. Let us put this experience to work for you.

  • Fill out a simple online form so we can evaluate your claim
  • Call toll free 1-800-LAW-MAN8. Our phones answer 24 hours a day 7 days a week

Our law firm will evaluate your claim free of charge and advise you on your legal rights to collect compensation.

There is no obligation to use our services, and "YOU PAY NO FEE UNLESS THERE IS MONEY FROM YOUR CASE".

Trust the Workers Compensation Lawyer Fenstersheib & Associates
to help you with your workers comp florida case.

Personal Injury Attorney Robert J. Fenstersheib handles accident cases, personal injury lawsuits, breast implant settlements, slip and fall lawsuits in the following South Florida cities:

Broward County

   
  • Coconut Creek
  • Cooper City
  • Coral Springs
  • Dania Beach
  • Davie
  • Deerfield Beach
  • Fort Lauderdale
  • Hallandale Beach
  • Hillsboro Beach
  • Hollywood
  • Lauderdale Lakes
  • Lauderdale-By-The-Sea
  • Lauderhill
  • Lighthouse Point
  • Margate
  • Miramar
  • North Lauderdale
  • Oakland Park
  • Parkland
  • Pembroke Park
  • Pembroke Pines
  • Plantation
  • Pompano Beach
  • Port Everglades
  • Sea Ranch Lakes
  • Southwest Ranches
  • Sunrise
  • Tamarac
  • Weston
  • Wilton Manors

Dade County

   
  • Aventura
  • Bal Harbour
  • Bay Harbor Islands
  • Biscayne Park
  • Coral Gables
  • Doral
  • El Portal
  • Florida City
  • Golden Beach
  • Hialeah
  • Hialeah Gardens
  • Homestead
  • Indian Creek Village
  • Islandia
  • Key Biscayne
  • Medley
  • Miami
  • Miami Beach
  • Miami Gardens
  • Miami Shores Village
  • Miami Springs
  • North Bay Village
  • North Miami
  • North Miami Beach
  • Opa-Locka
  • Pinecrest
  • South Miami
  • Sunny Isles Beach
  • Surfside
  • Sweetwater
  • Virginia Gardens
  • West Miami

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