how long do i have to retain a lawyer for workers comp case in florida

by Lon Yundt 4 min read

What is the statute of limitations for workers compensation in Florida?

two yearsA Florida workers' compensation claim (a Petition for Benefits) is forever barred unless it is filed within (A) two years from the date of injury, or (B) after the initial two years, within one year of the last payment of compensation or within one year of the last provision of authorized medical treatment or care.

What is the statute of limitations for a work related injury in Florida?

two yearsAccording to Florida's workers' compensation laws — Section 440.19 — an injured worker has two years after a work-related injury to file for workers' compensation benefits.

How long does it take to settle a workers comp case in Florida?

1.5 yearsIn Florida, the average settlement time for workers' compensation cases is 1.5 years. In some cases, about 20%, you can get paid within six months or less. But there are ways to speed up the process and get your payment as soon as possible.

How long do I have to sue for work related injuries in Florida?

What is the statute of limitations for bodily injury in Florida? In Florida, you have generally have four (4) years to sue for compensation for negligence. However, there are exceptions. The 4 year time limit is found in Florida Statute 95.11(3)(a).

Can you reopen a workers comp case in Florida?

Unfortunately, it is usually impossible to reopen a personal injury case that has been settled and closed. This is because, as part of the insurance payout or settlement agreement, you almost certainly had to sign a release form that waived your rights to ever seek more money regarding these particular injuries again.

Can you reopen a workers comp claim in Florida?

You may be eligible to reopen your worker's compensation claim if your worsened condition is related to the original work injury, the medical condition warrants additional benefits, and if it is less than two years from the date of your injury or the date of your last medical benefits and care.

How long does it take to negotiate a settlement?

The average settlement negotiation takes one to three months once all relevant variables are presented. However, some settlements can take much longer to resolve. By partnering with skilled legal counsel, you can speed up the negotiation process and secure compensation faster.

How long do most workers comp settlements take?

around 12-18 monthsHow Long Does It Take to Reach a Settlement for Workers' Comp? The entire settlement process—from filing your claim to having the money in your hands—can take around 12-18 months depending on the details of your case and whether or not you have legal representation.

What happens when I reach MMI in Florida?

What Happens After I Reach Maximum Medical Improvement (MMI)? If you have been injured at work, under workers compensation regulations, your employer is obligated to provide free medical care plus weekly wage loss benefits until you can return to your job.

How long is the statute of limitations in Florida?

In Florida, the statute of limitations is found at Florida Statutes, Section 95.11. Some of the most important limitations under Florida's statute include: Action to recover on a Florida judgment = 20 years. Breach of written contract = 5 years (only 4 years for oral contracts)

Can you claim injury after 3 years?

In general, you have a time limit of up to 3 years from the date of the injury to make an injury claim. The last date you can make a claim is known as the claim limitation date - after which your injury claim becomes 'statute barred'.

Can I sue my employer for an injury on the job in Florida?

When injuries occur at work, you cannot sue your employer in Florida, for the most part. That said, there are some exceptions that could allow you to file a lawsuit against your employer.

How long does it take to file a workers comp claim?

Reporting regulations and deadlines vary from state to state, but it should typically take no longer than 30 days to complete this process.

What does an attorney do for you?

A lawyer will file the paperwork on time, build your case, negotiate with the insurance company and draft a settlement, if one is agreed on. If it’s not, you’re headed for a hearing.

What to do if your insurance doesn't agree with your rating?

If the insurance company doesn’t agree with the rating, it can require you to get an independent medical exam (IME) by a doctor of its choosing. Chances are that doctor will give you a lower rating than what you (and your sore neck) feel you deserve. A lawyer can help convince a judge you are entitled to a higher rating.

What happens if an injury is unreported?

That injury is aggravated further at work, suddenly becomes serious and the employer/carrier says the original injury didn’t occur at work.

Do attorneys cross-examine witnesses?

An attorney not only will prepare your argument, he or she will prepare you to say the right things in testimony. They also will cross-examine the insurance company’s witnesses. That job should not be left up to amateurs. Unlike civil cases, workers compensation law has a safety net of sort.

Is it bad to handle workers compensation?

Unless you’re an attorney or enjoy reading workers compensation manuals in your spare time, probably not. Handling a case on your own is usually a bad idea, especially since the insurance company will be represented by someone who’s probably handled hundreds of cases.

Can a twisted back turn into a knee surgery?

However, if your work injury is serious and things get contentious between you and your employer or the insurance carrier handling the case, there is no question that it’s in your best interests to at least talk to a workers comp lawyer. A twisted knee or strained back can turn into knee or back surgery and things get serious very quickly.

What happens if you settle a lump sum in Florida?

If you've agreed to a full-and-final lump-sum settlement without a lawyer, a workers' comp judge will hold a hearing to review the settlement agreement, along with supporting evidence and other documents, to see if it's fair. The judge will also ask you questions to make sure you understand the settlement and your rights under Florida law.

What happens if you settle your claim after the insurance company denies your claim?

If you've settled your case after the insurance company denied your claim, the settlement won't be valid unless the judge approves it. If you've settled after reaching MMI, the judge will decide whether the settlement amount is greater than the value of workers' comp benefits you would otherwise be entitled to receive.

What does MMI mean in workers comp?

your doctor believes that your medical condition is stable and that you probably won't get any better (a stage known as maximum medical improvement, or MMI).

What is structured settlement in Florida?

Structured settlements are frequently used in cases involving catastrophic injuries, because they can help seriously injured employees manage their settlement money and pay for long-term care. With these two factors combined, the most common type of settlement in Florida is a full-and-final release with a lump sun.

What is the severity of an injury?

the severity of your injuries. the extent of any permanent impairment you have as a result of your injury. the amount of any unpaid medical bills. any unpaid temporary disability benefits, as well as any penalties for late payments.

Should I settle my medical bills after MMI?

However, it's almost always wise to wait until reaching MMI before you consider settling your case. Because the insurance company typically stops paying your medical bills after a settlement, you'll be financially responsible for any unexpected medical treatment you need.

Can an attorney text you?

Attorneys have the option, but are not required, to send text messages to you. You will receive up to 2 messages per week from Martindale-Nolo. Frequency from attorney may vary. Message and data rates may apply. Your number will be held in accordance with our Privacy Policy.

What are workers' compensation benefits?

Fortunately, Florida requires most employers to provide workers' compensation insurance for their employees. In Florida, workers' compensation benefits are essentially a form of wage replacement. How much you are entitled to receive depends on how much your ability to work is impacted by the injury.

Will I receive benefits equal to my wages?

No matter how much your wages are, if you make more than $20 per week, your disability compensation will be limited to 100% of the statewide average weekly wage. As of January 1, 2016, the maximum weekly compensation was $863. The amount you may receive may be further limited based on the percentages below.

What benefits are available?

In addition to medical care coverage, three types of benefits are available: temporary total disability (TTD), temporary partial disability (TPD), and impairment benefits. TTD benefits are equal to 66 2/3% of your regular wages in most cases.

Do I need to report my injury during a certain period of time?

While there are exceptions, generally you must report a work related injury within 30 days of the date or initial manifestation of the injury. Ultimately, you must file a petition for benefits within 2 years of your injury, but even then there are exceptions to the 2 year limitation.

When do benefits begin and for how long?

In Florida, when your benefits begin depends on how long your disability lasts. If your disability lasts fewer than 22 days, your benefits do not begin until day 8 of your disability. However, if your disability lasts more than 21 days, you may receive benefits dating back to day 1 of your disability.

Are there any restrictions I should know about?

In Florida, your workers' compensation insurance company must authorize the doctor who is treating you. Also, unlike many other states, workers' compensation laws in Florida do not require that your employer keep your job available for you to return to when you are healthy enough to do so.

What can I do if my benefits are denied?

If your benefits are denied, an attorney can help you file a lawsuit against the workers' compensation insurance company. Your claim might be based on many causes of action, including an inaccurate diagnosis by the workers' compensation insurance doctor or an inaccurate calculation of your regular wages.

How much is a workers comp contingency fee?

Additionally, many states place caps on contingency fees in workers' comp cases. The percentage varies from state to state, but is generally between 15% and 25%. However, the fee can be as low as 10% and as high as 33% in some states.

Why do insurance companies deny workers compensation claims?

For example, the insurance company might claim that your injury wasn't work-related or that you filed your claim too late. (To learn more, see our article on common reasons workers' comp claims are denied .)

What happens if you don't work again?

If you can never work again, you'll need to maximize your workers' comp benefits and structure them in a way to last well into the future.

How to appeal a disability denial?

You can appeal the denial through the workers' compensation system. While the appeals process varies from state to state, it generally requires you to file formal paperwork, use legal tools to gather evidence, and present your case at a hearing. Your permanent disability rating is disputed.

How long does it take for an ankle to heal after a desk job?

However, because you work a desk job, you were able to return to work fairly quickly and your ankle healed within a few weeks. In this case, your trip to the doctor would be covered.

Do I need a workers compensation lawyer?

Many workers will need to—or can benefit greatly from—hiring a workers' compensation lawyer. In very few cases, an employee who suffers an injury at work can make a claim outside of workers' compensation, and a personal injury lawyer would be appropriate.

Do lawyers get more settlements?

You're likely to get a much higher settlement offer when a lawyer is involved. Lawyers understand the law, know how to negotiate, and can use various tools to build up your case. Because of this, you will probably receive more in benefits if you hire a lawyer, even after the lawyer takes his or her fee.

Why does workers comp take longer to appeal?

The longer time frame makes sense because a workers’ compensation appeal takes additional time and effort. Once the worker files the appeal, the case is assigned to a workers’ compensation judge and set for a hearing.

How long does it take to get workers compensation?

For 50% of workers, it took between 13 and 24 months for their cases to conclude. Given that the workers’ compensation system is known for having a slow process, these time frames are not too surprising. The good news, though, is that you might still receive some benefits before your case is officially resolved.

Why is there a delay in workers compensation?

According to 34% of our readers, the number one cause of delay was due to the employer or its insurance company not moving fast enough.

How many people believe there is a delay in workers compensation?

The overwhelming majority of readers, 90% , believed that there was a delay in their workers’ compensation cases. We asked our readers to report what they believed to be a source of delay in their cases.

How long does it take to resolve a PD claim?

When the insurance company did not dispute the worker’s PD rating, the case was resolved in 14.4 months. However, when the insurance company did dispute the worker’s PD rating, the case took 18.7 months. The increased time frame makes sense given the extra effort that goes into a disability rating dispute.

What percentage of workers report that it took a long time to reach a fair settlement agreement?

As to other causes of delay, 12% of workers reported that it took a long time to reach a fair settlement agreement, 7% reported that it took a long time to find a lawyer, and 19% reported that the delay was due to a variety of other factors.

Can you get temporary disability if you miss work?

For example, if you have to miss work because of your injuries, you can receive temporary disability payments to replace part of your lost wages. These payments are typically made while the claim is ongoing, rather than in a settlement or award at the end of a workers’ comp case.

Brett A. Borah

I have a case where I'm still enforcing a medical Award from a 1968 injury. I have another that has not settled from a 1989 injury.

Joseph Steve Franco

A workers' compensation claim can last anywhere from a few months to 10+ years (as noted by the answers above). It really depends on the facts of your case, whether you want to resolve a case with medical treatment open (i.e. called a Stipulations) or if you wish to close your case entirely (i.e. Compromise & Release)...

Heather Leigh Siles

There is no time limit. It is dependent on your medical status and several other factors. Some cases are wrapped up rather quickly and some, while not typical, can go on over 10 years.

What is the best way to win a workers compensation case?

For the best possible outcome in your workers’ compensation case, you should hire an experienced attorney that has a proven record of success in various types of workplace injury claims.

What are the mistakes in a medical malpractice case?

Mistake 1: Failing to Act Immediately at the Time of the Accident. Mistake 2: Failing to Inform Your Doctor of the Details of Your Workplace Injury. Mistake 3: Falsifying Your Injuries and Symptoms. Mistake 4: Failing to Select Your Own Doctor. Mistake 5: Failure to Follow Your Doctor’s Advice, Orders, or Treatment Plan.

What should be done at the time of an accident?

Certain things should be done at the time of the accident including remaining calm. If other workers witness an employee getting injured, they most likely will offer aid and assistance to the worker and will have their own version of events. However, your version of the events leading up to and after the accident will be vital to your case.

Do injuries that do not present long-term health consequences require any further action on your part?

In some cases, injuries that do not present long-term health consequences do not require any further action on your part. Only you can decide. The decision should be made with all the facts considered and only after all of your treatment is completed or a treatment plan has been outlined going forward.

Can you file a workers compensation claim if you feel better?

When they feel better they wrongfully assume they can discontinue care. However, if your injuries could be treated this way you wouldn’t need to file a workers’ compensation claim. Symptoms often diminish during treatment but can rapidly return, or even worsen, if treatment is discontinued.