Miami Workers' Compensation Guide: Benefits and Deadlines

Miami-Dade has one of the largest workforces in the state, with the airport, the seaport, high-rise construction, hospitals, and a massive hospitality industry. It also produces some of the most heavily litigated workers' compensation claims in Florida.

Kotler Law represents injured workers in Miami and South Florida. Florida workers' compensation law is the same statewide, and most of our work with clients outside Tampa Bay happens by phone and video.

Common work injuries we see in Miami

Most of our Miami and Miami-Dade County clients work in these fields:

• High-rise and commercial construction
• Airport, airline, and cruise and port jobs
• Hotels, restaurants, and nightlife
• Hospitals and health care
• County, city, and school employees

What to do after a work injury in Miami

1. Report it in writing within 30 days. Tell your supervisor what happened, when, and which body parts were hurt. Keep a copy.
2. Get authorized medical care. In an emergency, go to the ER. Otherwise ask the employer or carrier which doctor is authorized, since unauthorized care may not be paid.
3. Be careful with recorded statements. The adjuster may ask for one early. Inaccurate or incomplete answers are often used later to deny benefits.
4. Track your lost time and wages. Wage benefits are generally two-thirds of your average weekly wage, subject to a state maximum, and depend on your doctor's work restrictions.
5. Talk to a workers' comp lawyer before you sign anything. Settlements usually close out future medical care, so know what you are giving up.

Meeting with Kotler Law

Miami clients typically work with us by phone and video, with in-person meetings available at our St. Petersburg office.

Related decisions on our blog

• Gonzalez v. City of Miami Gardens: first responder PTSD benefits
• Rosenfeld v. City of Miami Beach: lumbar care granted
• Quintana v. Miami-Dade County: TPD and lumbar treatment
• Walker v. Miami-Dade County: treatment denied after rehearing

Miami workers' comp FAQ

How long do I have to report a work injury in Florida?

Report the injury to your employer within 30 days. A petition for benefits generally must be filed within 2 years of the injury, or within 1 year of the last payment of benefits or authorized medical care, whichever is later.

Can the carrier deny my claim for misstatements?

Yes. Florida law bars benefits if a worker knowingly makes false or misleading statements to get benefits. Carriers often raise this defense based on recorded statements or depositions, so be accurate and talk to a lawyer before giving one.

What does it cost to hire Kotler Law?

Consultations are free and there is no fee unless we win. In Florida workers' compensation cases, attorney's fees are regulated by statute and are typically paid from benefits recovered or by the employer/carrier.

Hurt at work in Miami? Request a free consultation or call (813) 473-2618. There is no fee unless we win.

This article is general information, not legal advice. Every case depends on its facts.