Fort Lauderdale, FL Workers’ Compensation Lawyer

Workers’ Compensation Lawyers Serving Clients in Fort Lauderdale, Florida

The Fort Lauderdale workers’ compensation attorneys at Bernheim Kelley Injury Lawyers are experienced, effective advocates for people who were hurt on the job. You need the maximum available financial compensation to support yourself and your family. If you or someone you care about is injured at work, we are here to help you navigate the claims process.

Who Is Eligible to File a Workers’ Compensation Claim?

Most people who were hurt on the job in Fort Lauderdale are eligible to file for no-fault workers’ compensation benefits. Outside of the construction and agricultural industries, employers in Florida with four or more full-time or part-time employees are required to provide workers’ comp insurance.

To be eligible for workers’ compensation, you need to have been hurt in the course and scope of your employment. In other words, you need to have been “working” at the time of the injury.

Don’t Be Afraid to Make a Workers’ Comp Claim

Workers are often afraid to file for workers’ compensation. They worry that making a claim could get them fired or expose them to retaliation from their employer. Fortunately, employers are prohibited from dismissing an employee or retaliating against them when they file a workers’ compensation claim.

As we mentioned above, most employees in Florida are entitled to workers’ compensation benefits. This includes undocumented workers. Undocumented workers have rights, including the right to workers’ comp benefits if they are injured on the job. They may also be entitled to compensation through a personal injury claim.

Immigration status is not a barrier to seeking Real Justice. Laws are in place to protect undocumented workers from retaliation and deportation. Bernheim Kelley Injury Lawyers has significant experience representing undocumented workers, providing the guidance and advocacy they need. We are bound by confidentiality and will never disclose a client’s immigration status.

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Common Workers’ Compensation Claims

A wide range of incidents can give rise to workplace injuries. The workers’ compensation attorneys at Bernheim Kelley Injury Lawyers have an in-depth understanding of multiple types of accidents.

Even a minor injury can lead to significant medical expenses and affect your ability to make a living. Our work injury lawyers can obtain Real Justice for workers in and around Fort Lauderdale following:

• Slip, Trip, & Fall Accidents
• Construction Accidents
• Repetitive Motion Injuries (such as strained muscles and tendons, nerve compression, etc.)
• Falls from Heights
• Transportation Accidents
• Burns from Fires & Explosions
• Electrocution Accidents
• Contact with Machinery or Equipment
• Head & Brain Injuries from Falling Objects
• Loss of a Limb
• Neck, Back, & Spinal Injuries
• Vision Loss
• Hearing Loss
• Occupational Illnesses
• Exposure to Toxic Chemicals or Materials

You don’t necessarily need to be injured at work to file for benefits. For example, if your employer asks you to run an errand for work and you are injured in a car accident, you may be entitled to workers’ comp.

How Do I Report a Work-Related Injury in Fort Lauderdale?

Reporting a workplace injury to your employer is one of the most important steps for preserving your right to workers’ compensation. Workers in Florida have 30 days to notify their employer of a work-related injury or illness. Failure to report a work injury within this timeframe will likely result in the denial of your workers’ compensation claim.

To protect your right to workers’ compensation benefits, you should do the following as soon as possible:

1. Seek Medical Attention: Your health should be the top priority after a work injury. In the event of an emergency, you can see a doctor of your choosing for treatment.
2. Report the Injury to Your Supervisor: Tell your manager or supervisor that you were injured on the job. Ideally, this should be done in writing, so you have a record of the notification.
3. Gather Evidence and Information: If possible, you should take pictures of the area where the injury occurred and get information from anyone who saw the accident (such as coworkers, bystanders, etc.). This should be done as soon as possible so the hazard isn’t cleaned up or removed before you can document it.
4. Collect Your Thoughts: You need to be clear and specific when reporting a workplace accident. Try to be as accurate as possible about the date, time, and location, as well as the job duties you were performing.
5. Fill Out a Workplace Accident Report: You may be asked to complete a report describing the accident. Make sure you are direct, honest, and precise with the information you provide.

Many employers have specific procedures for reporting workplace injuries. While it is important to follow the procedures set up by your employer, we know that it is natural to be concerned about doing and saying the wrong thing. A Fort Lauderdale workers’ compensation lawyer can provide you assistance.

When to Hire a Workers’ Compensation Lawyer

Workers’ compensation claims are complicated. Florida’s work injury insurance system has strict filing requirements and documentation standards. If you are making a claim, you should always be ready to get help from a qualified professional.

Here are five signs that you should hire a Fort Lauderdale workers’ compensation attorney:

• Guidance with an Initial Claim: You were hurt on the job and you are not sure about what you need to do next.
• Serious Injury: If you or a loved one was severely injured on the job, you should hire a workers’ compensation lawyer. Partial disability and permanent disability claims are complicated.
• Scheduled for an “Independent” Medical Examination: When the insurer/claims administrator seeks an “independent” medical evaluation, it is a sign that they are considering denying your claim. You need a workers’ compensation lawyer.
• Benefits Were Denied: Neither the insurer nor your employer gets the final say on your workers’ compensation claim. Hire a workers’ compensation appeal attorney if your claim was denied.
• Fired (or Punished) for Filing: In Florida, an employer cannot lawfully take any adverse action against an employee because they filed for workers’ compensation. If you face retaliation for seeking workers’ compensation benefits, you need a lawyer.

Need help with a workers’ compensation claim? Contact Bernheim Kelley Injury Lawyers for FREE.

What Does a Workers’ Compensation Attorney Do?

Navigating through the workers’ compensation benefits system can be a difficult task, especially if there are contested issues and/or special circumstances. It is a wise decision to engage the services of an experienced workers’ compensation attorney early in the claim to guide you and represent you through the process.

A workers’ compensation lawyer is a skilled legal professional who can help with all aspects of your claim. These include:

• Reviewing the circumstances of the workplace accident
• Helping you report the work injury to your employer, if you haven’t already
• Assessing your employment status, your employer’s workers’ compensation insurance coverage, and your eligibility for benefits
• Collecting evidence at the scene, including photographs, measurements, video footage, etc.
• Interviewing witnesses who saw you get injured
• Reviewing your medical records to ensure you’re getting the medical treatment you need
• Discussing the workers’ compensation benefits you may be entitled to
• Reviewing a workers’ comp settlement offer; if accepting a settlement is in your best interest, we can negotiate a favorable resolution on your behalf
• Appealing the denial of workers’ compensation benefits

Bernheim Kelley Injury Lawyers maintains a dual focus on workers’ compensation claims and personal injury law. While employers in Florida are generally immune from liability for work-related injuries, one or more third parties may be held liable if their negligence caused you harm on the job.

If you or someone you love has been injured on the job, it is vital to explore all legal options for obtaining fair compensation and Real Justice. This may involve filing a workers’ comp claim, a personal injury lawsuit, or both. A Fort Lauderdale work injury attorney at Bernheim Kelley Injury Lawyers can pursue all avenues for recovering damages.

– you are in good hands!

“When I broke my leg at work I didn’t know what to do. Thankfully a friend of mine told me to contact Bernheim Kelley. My attorney Brooke Perez and her paralegal Gabriella were great. Gabby answered all my questions and made me feel like I had made the right choice. Thank you Bernheim Kelley.”

Rodney J.

“Dor Schwartz gave us the best service we ever got from a lawyer. He fought for us (off court) and negotiated until we got our money back. He was very professional, kind, and approachable. He answered all of our questions and explained every step of the way. We are definitely going to recommend him & Bernheim Kelley to our friends and clients.”

Dana A.

“I really want to give a huge shout out to my attorney Brooke Perez and an even bigger shout out to her paralegal Gabby @ Bernheim Kelley! The law firm helped me to be compensated for a work injury and I got paid while I was off work. My checks came on a weekly schedule. Thank you all for making this rough situation not so bad. Thank you Thank you!”

Martha S.

“I have used them to represent me on more than one occasion and have recommended this firm to several family members and friends. They are very professional and will always give their undivided attention to each and every case regardless of how complex the case might be. I trust Bernheim Kelley with all of my legal needs and will continue to recommend them each and every time. Thank you for your dedication and hard work.”

John S.

“Working with Bernheim Kelley was an extremely positive experience. The level of attention given was much appreciated, especially with complicated details within our case. Highly recommended and look forward to working with them in the future if the need were to arise.”

Marlaina R.

“It was a long and exhausting road for a claim that was submitted but ultimately I have to thank Jeff DeCarlo and Norin Levy for offering the expertise, support, and patience it needed to reach a settlement that was worth the wait. Thank you Bernheim Kelley for your diligence and professionalism along the way. Being that I never had an insurance claim before, Jeff kept me reassured and calm and Norin made sure my ducks were in a row with the paperwork. Thank you Team!”

Ingrid H.

“I have found Robert Pinkiert and his case manager, Alicia, to be very responsive. Alicia keeps me up to date throughout any proceedings and thoroughly responds to any of my questions or concerns. It is a pleasure to work with the team.”

Neil M.

“Thank you Jesse Bernheim, you and your staff are nothing but amazing. From the communication, patience, and professionalism, your office continues to get results. You and your staff make clients feel like family and know how much we appreciate your hard work and attention to detail. Thank you and god bless!!”

Eddie S.

“I’ve been Jesse Bernheim’s client for more than 15 years. He takes good care of his clients, getting great results. Although most cases are settled out of court, he doesn’t hesitate to get into a courtroom if it’s needed for the benefit of his clients. He and his firm recently helped me with an accident at a park, that accident has caused me not only physical but mental pain, anxiety, and anguish. Jesse Bernheim and Robin Rios took my hand all the way, making me feel protected and confident. They explained to me what to do and what to expect clearly. I highly recommend them.”

Jessica P.R.

“Attorney Robert Pinkiert and his paralegal Alicia are wonderful to work with. They are experienced, professional, highly skilled, and always responsive to help answer questions and provide guidance. Both reached out and proactively supported me during a stressful and challenging time. I would recommend Bernheim Kelley to anyone, including my own friends and family.”

Alice M.

“Thank you so much! I’m so grateful for the way my case has been handled!! I highly recommend Bernheim Kelley. From the very beginning of my case, the communication has been excellent. They have handled my case so professionally and have made me feel so comfortable throughout the process. By far they will work for you and make sure you get the BEST results. If you are looking for an amazing attorney don’t look any further I promise you have it here!!”

Luciana B.

“The absolute best law firm you could ask for in an injury claim. They worked real hard to ensure not only I was ok but set up all my physical therapy and ensured I was paid for my unfortunate accident. Very helpful, no drop in communication, and always had my best interest in mind. I will recommend this firm to anyone!!!!”

Alexander S.

“My experience with this firm from start to finish was excellent in every way. Their entire team was responsive, knowledgeable, and they produced even better results in my case than I was hoping for. I strongly recommend them to anyone seeking counsel for their own matters.”

Serian & John M.

“Jesse Bernheim is professional, responsive, and a great guy. Pleased to be associated with such a fantastic and talented team!”

Rajdeep G.

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What Is a Workers’ Compensation ‘Independent’ Medical Examination?

An “independent” medical examination (IME) is an evaluation of an injured worker by a non-associated medical professional in order to resolve outstanding questions or disputes about their injuries. The term “independent” is a bit of a misnomer. Most IMEs are paid for by the insurance company/claims administrator. As such, these doctors often look for reasons to deny benefits.

The opinion issued by an independent medical examiner can have a major impact on your workers’ compensation benefits. Our lawyers can help you protect your rights if the carrier requests that you undergo an IME. This includes reviewing the independent medical examiner’s report and disputing any inaccuracies or omissions that may affect your right to workers’ comp.

Do I Have to Use the Physician My Employer Chooses?

Yes—or at the very least you have to use a doctor who is (a) approved by your employer and (b) covered by the workers’ compensation insurance policy. If you believe that you are being improperly treated by the physician that you have been assigned, you should not hesitate to consult with a lawyer.

If you are dissatisfied with the care provided by the physician your employer selects, you have the right to request a change. Florida’s workers’ comp law only allows you to change doctors once for the treatment of a work injury. A workers’ compensation attorney can assist you with this process.

Can My Employer Retaliate If I File a Workers’ Compensation Claim?

No. Under Florida law, injured workers have a clear and unambiguous right to file for workers’ compensation benefits. It is unlawful for an employer to discourage you from seeking benefits or to retaliate against you for filing (see 2024 Florida Statutes § 440.205).

In this context, retaliation is defined as adverse action—suspension, demotion, harassment, termination, etc.—taken because a worker filed a claim. If you faced retaliation for filing for workers’ compensation in Fort Lauderdale, your rights were violated and you may have legal recourse.

What Types of Benefits Can a Worker Receive?

A serious workplace injury can cause a major disruption to your life. Not only might you require extensive medical and rehabilitative care, but you may also be forced to take time off from your job to recover. In the most severe cases, workers may be left with a permanent disability or impairment as a consequence of their injury or illness.

Workers’ compensation benefits are designed to provide a much-needed financial lifeline to injured workers and their families. Depending on the specific circumstances of your case, you may be entitled to receive some or all of the following workers’ compensation benefits:

Medical Care

Medical benefits form the basis of workers’ compensation benefits in Florida. Through a no-fault workers’ compensation claim, a person who was hurt on the job can seek coverage for all medical care that is deemed reasonable and necessary to help them recover from their injury or illness. This includes:

• Ambulance services and transportation fees
• Emergency room treatment
• Hospitalization
• Doctor’s appointments
• Visits to specialists
• Physical therapy sessions
• Imaging, laboratory tests, and other diagnostic procedures
• Medically necessary surgery
• Prescription medications
• Medical supplies and equipment
• Attendant care
• Reimbursement for medical-related travel

Of course, it is not always easy for every injured worker to get the medical care they need. In some cases, disputes can arise over the extent to which medical treatment and rehabilitative care are actually necessary.

A Fort Lauderdale workers’ compensation lawyer can help you get coverage for all expenses. With our connections in the Fort Lauderdale community, Bernheim Kelley Injury Lawyers can also direct you to a number of services that may be able to provide further support for your recovery.

Temporary Partial Disability Benefits

You can get temporary partial disability (TPD) benefits if you are able to return to work following an injury, but your ability to work is limited. If the restriction on your work causes you to earn less than 80% of your average weekly wage (AWW), you are entitled to 80% of the difference between (a) 80% of the AWW and (b) your weekly earnings after the work accident.

For example: Say your average weekly wage before getting injured at work was $500 per week. 80% of $500 is $400. Your injury restricts you to working half of the hours you formerly worked, so you’re bringing home $250 per week. Subtract $250 from $400, and you get $150. 80% of $150 is $120, which would be the value of TPD benefits in this example.

Temporary Total Disability Benefits

If you are 100% unable to work for more than 7 days as a result of a job-related injury, you qualify for temporary total disability (TTD) benefits. TTD benefits are essentially a form of wage replacement, paying two-thirds your average weekly wage—up to a state maximum statutory benefit of $1,260 (2024) while you are unable to work. For certain serious injuries, TTD benefits pay 80% of the average weekly wage for 6 months:

• Loss of an arm, hand, leg, or foot
• Paralysis
• Loss of sight in both eyes

If disability persists after 6 months, Total Temporary Disability benefits will pay two-thirds of your AWW for up to 104 weeks.

Impairment Income Benefits

Not every injured worker will make a complete recovery from a job-related accident or illness. In Florida, a worker who has reached maximum medical improvement (MMI) but has still not made a full physical/mental recovery has a right to claim impairment income benefits (IIB). These benefits are generally paid based on the “impairment rating” assigned to the injured worker (see 2024 Florida Statutes § 440.15).

It can be difficult to know what kind of support IIB payments may offer. Our Fort Lauderdale workers’ compensation lawyers can evaluate your situation and provide you with assistance and support during this difficult time.

Permanent Total Disability Benefits

A job-related injury or occupational disease may be so severe that you can never reasonably return to your previous employment. If so, you may be entitled to permanent total disability (PTD) benefits. These benefits are generally paid at the same rate as temporary total disability benefits (two-thirds of your average weekly wage) and can last until you turn 75 years old.

To obtain PTD benefits, you may need to prove that you are incapable of performing sedentary employment (i.e., employment where you are mostly seated with minimal physical requirements). Some spinal injuries, amputation injuries, brain injuries, and burns, as well as injuries or occupational illnesses resulting in total blindness, may automatically meet this requirement.

Reemployment Services

A work injury may require you to change your career. If so, workers’ compensation may pay for reemployment services. Services such as vocational rehabilitation, job counseling, and more can help you obtain the skills you need to make the transition to another profession.

Death Benefits

Was your loved one killed in a work-related accident in Fort Lauderdale? Sadly, these tragedies happen far too frequently in our state. According to the latest fatal occupational injury statistics, 307 Florida workers were killed on the job in a single year.

The Florida workers’ compensation insurance system provides the following death benefits to surviving family members:

• Up to $7,500 in funeral expenses
• Compensation for lost wages (limited to $150,000)
• For the surviving spouse, payment of postsecondary student fees at a community college or career center

The amount of death benefits depends, in part, on a deceased worker’s average weekly wage and the number of dependents they supported. Grieving families can rely on an experienced Fort Lauderdale workers’ compensation lawyer to help them maximize their financial support, as well as determine if they may have grounds for a wrongful death claim.

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How Long Will a Worker Receive Workers’ Compensation Benefits?

The duration of workers’ compensation benefits varies based on a number of different factors. In Fort Lauderdale, medical benefits through workers’ compensation insurance do not expire as long as care is still reasonably necessary given the employee’s physical and mental condition. However, an employee must receive authorized medical care through workers’ compensation insurance at least once every 12 months to remain covered.

Temporary disability benefits will expire once a worker is cleared and able to return to their position. In Florida, these benefits can last for a maximum of 104 weeks. If an employee cannot reasonably return to the workforce after 104 weeks (two years), they may be entitled to permanent total disability benefits.

Can You Sue Workers’ Comp for Negligence in Florida?

There are situations where you may be able to pursue legal action outside of workers’ comp, but you aren’t suing the workers’ compensation system. Rather, you would file a lawsuit against your employer and/or a third party.

In Florida, there is really only one exception when it comes to employer liability: The employer intended to injure the employee or “knew, based on prior similar accidents or on explicit warnings specifically identifying a known danger, was virtually certain to result in injury or death” (see 2024 Florida Statutes § 440.11). Employers are also liable for employees’ work-related injuries if they fail to purchase workers’ compensation insurance in accordance with Florida law.

Most workers are familiar with workers’ comp, but they don’t know that it isn’t always the only option for obtaining fair compensation if they are injured on the job. At Bernheim Kelley Injury Lawyers, we closely examine the unique circumstances to determine if third-party liability was a factor.

Situations where you may be able to bring an injury claim against a negligent third party include:

• Motor vehicle accidents
• Injuries sustained on dangerous premises
• Defective product injuries
• And more

How to Appeal a Workers’ Compensation Denial in Fort Lauderdale

Unfortunately, some injured workers struggle to get access to workers’ compensation benefits. There are few things more frustrating than finding out that your workers’ compensation benefits are being delayed or that your claim has been denied.

A workers’ compensation claim in Fort Lauderdale can be denied for a wide variety of different reasons. Some of the most common reasons why workers’ compensation claims are denied in our state include:

• Missed deadlines
• Incomplete applications
• Inadequate medical evidence
• Disputes over the severity of the injuries
• Allegations that the injury did not happen at work or was not work-related

You have the right to appeal a workers’ compensation denial in Fort Lauderdale. The insurer does not have the authority to make the final determination of your benefits. If your claim was denied, you should review and save the denial letter. Next, you should set up a FREE, confidential consultation with an experienced Fort Lauderdale workers’ compensation appeal attorney who can help you determine the next steps in the process.

In Florida, a workers’ compensation denial is appealed by submitting a Petition for Workers’ Compensation Benefits. Once you submit an appeal, the employer/insurer has 14 days to pay your claim or file its response.

How Much Do Workers’ Comp Attorneys Charge in Florida?

Our workers’ compensation attorneys in Fort Lauderdale generally work on a contingency basis. With this type of fee structure, your workers’ compensation lawyer only gets paid when you recover workers’ compensation benefits.

The Florida Workers’ Compensation Act strictly regulates workers’ compensation attorneys’ fees. As a general rule, Fort Lauderdale workers’ compensation lawyers can charge:

• A maximum of 20% of the initial $5,000 of benefits the injured worker receives
• A maximum of 15% of the following $5,000 of benefits the injured worker receives
• A maximum of 10% of all remaining benefits obtained for the injured worker in the first 10 years
• A maximum of 5% of remaining benefits recovered after 10 years

Understanding the fee schedule is an important consideration when hiring a workers’ comp lawyer. Bernheim Kelley Injury Lawyers makes transparency a priority. In addition to clearly explaining our fees upfront, you can count on us to be accessible, transparent, and proactive in our communications with you.

How Can Bernheim Kelley Injury Lawyers Help in a Workers’ Compensation Case?

The workers’ compensation claims process is complex—especially if you are considering filing a third-party liability claim against a negligent party other than your employer. You do not have to go through the process alone.

At Bernheim Kelley Injury Lawyers, we are focused on delivering Real Justice to clients who have been injured on the job. Among other things, our Fort Lauderdale workers’ compensation lawyers are prepared to:

• Conduct a comprehensive, confidential review of your case
• Answer any question you have about the workers’ compensation claims process
• Investigate the accident, gathering the records and evidence you need
• Handle all of the workers’ compensation claims paperwork
• Take whatever action is needed to get you the best outcome

Every workers’ compensation claim involves its own unique facts and circumstances. Our law firm is devoted to providing personalized, attentive legal guidance and support to people who were hurt on the job. With many testimonials from clients and a proven record of successful case results, injured workers can rely on our Fort Lauderdale workers’ compensation attorneys for top-quality representation.

Contact a Fort Lauderdale Workers’ Compensation Lawyer Today

At Bernheim Kelley Injury Lawyers, we understand that your work injury case is more than a legal matter. This is your life, your livelihood, and your family’s future. Our whole team is made up of passionate advocates who treat you as an individual. We pride ourselves on forging genuine relationships with clients so they feel supported at all times—even after the case is over.

Our Fort Lauderdale workers’ compensation lawyers have the professional skills and legal knowledge that you can rely on. If you or your loved one was hurt on the job, we are available to help.

To set up a FREE, no-commitment work injury consultation, please do not hesitate to call (954) 866-1111 today. With law offices in Fort Lauderdale, Miami, Starke, Jacksonville, and Fort Myers, we provide representation for workers’ compensation claims throughout Florida.