I have seen a lot of injustice in Florida's workers' compensation. From the workers' compensation carrier refusing to authorize a surgery that their own doctor said is medically necessary to the adjuster waiting several weeks to send the injured worker his wage check. When these (and other injustices) occur, my clients often say, "Take them to the Court. A jury will agree with us."
Sadly, there is no jury in Florida's workers' compensation law. If you are involved in a Florida car accident and cannot agree to something with the insurance company, you let the jury decide who is right or wrong. However, in Florida work comp, you cannot. The Florida work comp system is not part of the judicial branch of government. Rather, their judges are administrative law judges without juries. Thus, an injured workers' only recourse after a dispute with the work comp carrier is to file a Petition for Benefits and have a Final Hearing in front of the work comp judge.
If you have been injured at work in Florida and feel that you are not getting all your work comp benefits, you should talk with an attorney right away. There are many hoops and hurdles that you must go through in order to secure your benefits. Without a lawyer, you may miss one.
I am the Director of my law firm's Workers' Compensation Department. We have been fighting for those injured in Florida car accidents and work comp injuries for over 52 years. To contact me, simply click here.