Workers' Compensations FAQs

How long after an accident do I have to report it to my employer?

You should report it as soon as possible, but no later than 30 days after the accident or your claim may be denied.

If I pursue a workers' compensation claim, does that mean I am suing my employer?

No. Workers' compensation is not a lawsuit against your employer. It is a claim against the insurance policy that most employers in Florida have to purchase. Your employer has workers' compensation insurance to help their injured workers, and you are entitled to benefits if you are injured.

Get the help you need. Call 786-401-2337 for a free consultation with an experienced workers' comp lawyer. Based in Homestead, we serve clients throughout South Florida and in the Keys.

Can I choose my own doctor if I have an accident at work?

Although there are some exceptions, you do not have the right to choose your own doctor in a workers' compensation claim. In most instances, the insurance carrier will select the doctor. You do, however, have the right to request a one-time change of doctor. This gives the insurance carrier five (5) days to select a new doctor for you; if they do not do so within five (5) days, then you have the right to seek treatment with a doctor of your choice. However, you can only do this once during your case, so you need to be very careful of your choice.

Can my employer fire me because of the workers' compensation claim?

No. An employer will face civil liability if they fire someone solely for filing a workers' compensation claim. If your employer fires you because you have a workers' compensation claim, you can sue them for wrongful termination.

Do I have to hire an attorney to protect my rights under workers' compensation?

No. You never have to hire an attorney. However, the workers' compensation law can be confusing and has many traps for workers. If you want to protect your rights under the workers' compensation law, you need to find a qualified workers' compensation attorney to handle your case and help you through the maze of the workers' compensation law.