Workers’ compensation is an insurance program that provides benefits to employees who suffer from work-related injuries or illnesses. This system is designed to protect both the employee and the employer in the event of an accident or injury. The state’s Department of Financial Services Division of Workers’ Compensation regulates the program in Florida.

If you’ve been injured on the job, you may have many questions about how to file a claim and the benefits to which you may be entitled. This article will answer some of the most frequently asked questions we receive at Keller, Melchiorre & Walsh.

Our firm is ready to provide expert representation if you have any reason to believe your employer, or their insurance provider, is treating you unfairly. You can contact us online for a free consultation, or you can call (561) 295-5825.


How Long Do I Have to Report an Injury to My Employer?

In Florida, you must report your injury to your employer within 30 days of the accident or the discovery of the injury. Failure to report the injury within this time frame could result in losing your right to benefits. It’s essential to report your injury as soon as possible to ensure that your employer knows the situation and can take the necessary steps to file a claim with their insurance company.

How Long Does My Employer Have to Report My Injury to Their Insurance Company?

Your employer must report your injury to their insurance company within seven days of receiving notice of the injury. If your employer fails to report the injury within this time frame, they may be penalized and fined. You must follow up with your employer to ensure they have filed a claim with their insurance company.

They Won’t Report My Injury. Now What?

If your employer refuses to report your injury, you may need to take legal action to protect your rights. You should contact an attorney with experience in Workers’ compensation claims to discuss your options. In some cases, you may be able to file a claim directly with the State of Florida Bureau of Employee Assistance and Ombudsman.

Will I Be Paid if I Have to Take Time off Work?

If your injury prevents you from working, you may be entitled to receive temporary disability benefits. These benefits are calculated based on a percentage of your average weekly wage and are designed to provide financial assistance until you can return to work. The benefits you receive will depend on the severity of your injury and your ability to work.

How Much Compensation Will I Receive?

The amount of compensation you receive will depend on several factors, including the nature and severity of your injury, your average weekly wage, and your ability to work. In general, workers’ compensation benefits cover medical expenses, lost wages, and other related expenses. The specific amount of compensation you receive will depend on your circumstances.

Can My Employer Fire Me for Filing a Claim?

No. Your employer can’t retaliate against you for filing a workers’ compensation claim. If you believe your employer has acted in an unlawful manner, you should contact an attorney to discuss your options. At Keller, Melchiorre & Walsh, you’ll always be able to count on us to make sure no one takes advantage of your situation or tries to make you pay for trying to obtain the compensation you deserve.

It’s important to remember, however, that your employer is not obligated to hold your job until you can come back. If you have an employment contract, it should give you information on how much time you can miss before termination.

What if I Can Never Return to Work?

If your injury prevents you from returning to work, you may be entitled to receive permanent disability benefits. These benefits provide financial assistance to individuals who are unable to work due to a work-related injury or illness. As you learned earlier, the value of benefits you receive will depend on several factors. You should contact a lawyer to find out the benefits for which you may be eligible.

There could be other options regarding employment, however. You could possibly find a job in a profession you might have never considered. A Keller, Melchiorre & Walsh attorney can tell you about re-employment services that might help, such as formal retraining or vocational counseling.

Will I Receive a Settlement?

In some cases, you may be offered a settlement in exchange for waiving your right to future benefits. It’s essential to carefully consider any settlement offer before accepting it. You should speak to an attorney to ensure you receive a fair settlement that fully compensates you for your injury.

Do I Need to Hire a Lawyer?

While it’s not required, hiring an attorney with a deep understanding of workers’ compensation claims is often helpful. An attorney can help you navigate the system and protect your rights. Additionally, an attorney can help you negotiate a fair settlement, appeal a denial of benefits, and represent you in court if necessary.

While employees typically can’t sue their employers, there’s a chance you might be able to take legal action against another party that contributed to your injury. For example, you could possibly sue the manufacturer of a piece of equipment that failed and led to the accident. The money you possibly receive could help make up for your lost earning capacity. A skilled lawyer can investigate to determine any potentially liable parties and help you obtain maximum compensation.

If you decide to hire an attorney, choose someone with experience handling claims in Florida. Look for an attorney knowledgeable about the laws and regulations governing the workers’ compensation system in Florida and who has a track record of successfully representing clients in workers’ compensation cases.

Contact Keller, Melchiorre & Walsh as Soon as Possible

Please speak with a Keller, Melchiorre & Walsh Florida workers’ compensation attorney to learn more about how we can help. You can call us at (561) 295-5825, or you can use our online form to get in touch.