Workplace Accident Lawyer

Florida Workplace Injury Lawyers

Injured At Work? Get The Team That Fights For You.

We all need to work in order to live, and showing up for work each day is a part of anyone’s routine. But what happens when you’re hurt on the job? Your injuries could impact your finances directly, and that can leave you struggling to recover physically as well.

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Workplace Accident Lawyer

While a worker’s compensation claim is the first step to getting what you’re owed, you also need a legal team on your side that can fight for you. The process of getting what you’re owed isn’t always as easy as it should be, and we’ll make those responsible for your injuries pay for their actions.

The lawyers of Goldman Babboni Fernandez & Walsh have the firm belief that for the injured, getting justice pays.

Filing A Worker’s Compensation Claim


Worker’s compensation is a type of insurance policy that protects employees and employers. When an employee is injured on the job, a worker’s comp claim is filed. This pays for the employee’s medical bills and provides compensation for lost wages as the employee heals. Every Florida employer with more than four employees – and construction-related companies with just a single employee – must have worker’s compensation coverage in place.

In order to file a claim, you must remember the following:

  • You have 30 days to report the workplace injury to your employer. However, the faster you report the injury and file your claim, the more likely it is that your injuries will be completely covered under the policy.
  • You must provide very specific details including witness names, location of accident, time and date, and the cause of the accident. Be very detailed during this breakdown of the accident to ensure that you get what you deserve.
  • You will have to undergo a medical evaluation as well. This must be handled by an authorized medical provider that the employer chooses – you may not be able to go to your doctor, in other words. The employer chooses the medical provider. However, you could still seek a second medical opinion if you feel the need to.
  • Your ability to receive compensation may also be impacted by being required to take a drug and alcohol screening. This is to prove that you were not intoxicated during the accident.

From here, you will generally wait to receive back word as to whether or not your claim has been approved or denied.

If approved, you’ll receive compensation for things like:

  • Medical bills
  • Lost wages at work
  • Medications and medical supplies
  • And more

Basically, your claim will be used to help you stabilize your financial situation until you are able to heal enough to return to work. A workplace injury on its own could destroy someone’s financial future, but with worker’s compensation it’s possible for those hurt to continue with their lives until they recover. We make sure that our clients get the proper amount so that they can focus on their physical health, not on making ends meet after an accident.

What If I’m Denied?

Injured employees who are denied a claim could be denied due to a few factors. Some may include:

  • The insurance company claims the injury didn’t occur on the job
  • The employee is accused of fraud
  • The insurance company blames the injury on preexisting conditions
  • The employee is blamed for their injuries due to their own recklessness or negligence

If you’re denied, you have the right to file an appeal through the worker’s compensation appeals board. Denial is one of the main reasons that having an attorney on your side is so important – we fight to get you what you deserve and make sure that denials are appealed properly.

Why Do You Need A Lawyer?

Some may assume that it’s an easy process to simply file a worker’s compensation claim and receive the funds you are owed. But the reality is that worker’s compensation claims are handled by insurance companies, and insurance companies will almost always do all that they can to avoid paying out a dime more than necessary.

This means that they could use a variety of tactics to reduce what they pay to you – or to avoid paying at all.

Some of their techniques could include:

  • Threatening nonpayment
  • Ignoring your attempts to contact them
  • Forcing you through needless, unending red tape
  • Offering settlements that are lower than you actually deserve

In short, you need someone that will stand up to the insurance companies and get what you’re owed. With an attorney on your side, you’ll have a tireless advocate who will fight to get you what you are owed. We negotiate with the insurance companies and make sure that you get what you deserve so you can move on with your life.

A workplace injury shouldn’t leave you struggling to make ends meet. We make sure that it doesn’t.

Do I Have Additional Rights?

Yes, those who are injured may have additional avenues with which to seek financial compensation for their injuries. Worker’s compensation is one of the first things to consider, but if the injuries that you sustained were due to the recklessness or negligence of an employer, you could also file personal injury lawsuits against them.

With a worker’s compensation claim, the process is no-fault. In other words, you don’t have to prove that an employer was at fault for your injuries in order to receive worker’s comp benefits. But in a lawsuit, you must show that your employer acted in a negligent or reckless manner and that those actions were the cause of your injuries. Examples include:

  • Knowing about safety risks at a jobsite and failing to warn employees or correct the issue
  • Using faulty equipment
  • Not following all government standards for safety
  • Requiring employees to act in a manner that is unsafe for them

Our lawyers can help with this.

If your injuries were due to the recklessness or negligence of an employer, you could file a worker’s compensation claim and potentially seek restitution from the employer through a personal injury lawsuit as well.

However, employers and big corporations have deep pockets. They’ll routinely do all that they can to fight those trying to seek compensation and avoid paying them a dime. The process of getting what you’re owed can be long and difficult. Our lawyers know how difficult your recovery can be, and that’s why we stand up and fight those who are responsible for your injuries to make sure you get what you’re owed.

We Strongly Believe, Getting Justice Pays.

We handle the entire process for you and you only need to sign documents when needed. We’ll let you focus on your physical recovery and get you the money you deserve. Contact us today to let us start fighting for you.



As a Florida workplace accident lawyer, understanding the intricacies of workers' compensation, including Temporary Total Disability (TT), is paramount to serving our clients effectively. As a Florida workplace accident lawyer, understanding the intricacies of workers' compensation, including Temporary Total Disability (TT), is paramount to serving our clients effectively.

Temporary Total Disability (TT) is a type of workers’ compensation benefit that you may be eligible for if you’ve suffered a workplace injury in Florida. It is intended to provide income replacement if your injury leaves you temporarily unable to return to work at all.
Here’s what you need to know about TT:

Eligibility: To be eligible for TT benefits, your treating physician must state that you’re physically unable to work due to the injuries sustained at work. The incapacity to work must be total, but it doesn’t have to be permanent. You’ll start receiving benefits after a waiting period of seven days.

Benefit Amount: TT benefits generally amount to 66 2/3% of your average weekly wage (up to a state-defined maximum amount), calculated based on the 13 weeks prior to your injury. However, if you have suffered severe injuries such as paralysis, severe burns, or head trauma, you may be entitled to 80% of your regular wages for up to six months post-accident.

Duration: TT benefits can last up to a maximum of 104 weeks or until your doctor determines that you’ve reached Maximum Medical Improvement (MMI), whichever happens first. MMI is the point at which your condition cannot be further improved with medical treatment. If you reach MMI but still cannot work or can only work with restrictions, you may be eligible for other forms of disability benefits such as Permanent Total Disability or Impairment Benefits.

Medical Improvement and Return to Work: If your doctor clears you to return to work, even with restrictions, and your employer can accommodate those restrictions, your TT benefits may be stopped or reduced.


As a Florida workplace accident lawyer, it's essential to comprehend the details of workers' compensation, including Temporary Partial Disability (TP) benefits. As a Florida workplace accident lawyer, it's essential to comprehend the details of workers' compensation, including Temporary Partial Disability (TP) benefits.

Temporary Partial Disability (TP) benefits are intended for workers who have been injured on the job and can return to work, but not at the same capacity as before the injury. Essentially, these benefits help cover the difference in earnings due to an injured worker’s inability to fully perform their previous duties.

Here are key points to consider about TP:

Eligibility: To qualify for TP benefits, you must be cleared by your treating physician to return to work, but with certain restrictions due to your workplace injury. The idea is that you can do some work, but not the full duties of your previous job, resulting in a lower income.

Benefit Amount: TP benefits are designed to supplement your income if you are earning less due to your injury. These benefits equate to 80% of the difference between 80% of your pre-injury average weekly wage and your post-injury earnings. It’s important to note that there’s a maximum benefit amount defined by Florida law.

Duration: Like TT benefits, TP benefits can be provided for up to a maximum of 104 weeks or until you reach Maximum Medical Improvement (MMI), whichever comes first. Reaching MMI means your condition cannot be further improved with medical treatment. At that point, your benefits may change depending on the nature of your ongoing disability.

Switching Between TT and TP: Depending on your recovery progress and work status, you may move from Temporary Total Disability (TT) to Temporary Partial Disability (TP), or vice versa. This switch depends on whether your doctor says you can return to work and the type of work your employer can offer you.
Impairment Benefits (IB) in Florida are designed to compensate workers who, after reaching Maximum Medical Improvement (MMI), are left with a permanent impairment due to a workplace injury. MMI is the point at which a treating physician determines that an injured worker’s condition cannot be expected to improve significantly with further medical treatment.
Here’s what you need to know about Impairment Benefits:

Eligibility: To be eligible for IB, your treating physician must assign you an Impairment Rating (IR). This rating is a percentage that reflects your level of permanent impairment. The physician typically assigns this rating when you reach MMI, indicating you are as recovered as expected to be from your injury.

Benefit Amount: The amount of your IB is based on the Impairment Rating. Workers with an impairment rating of 2% or less are typically eligible for 2 weeks of benefits for each percentage point. For an impairment rating between 21% and 99%, you would be eligible for 3 weeks of benefits for each percentage point. If you are rated as 100% impaired, which is equivalent to Permanent Total Disability, different rules and rates apply.

Calculation of Benefit: The weekly IB payment is typically 75% of your Temporary Total Disability rate, subject to the maximum and minimum limits established by Florida law.

Duration: The duration of your IB depends on your Impairment Rating. For example, an Impairment Rating of 10% would provide you with 20 weeks of benefits (2 weeks per percentage point).


As a Florida workplace accident lawyer, understanding the specifics of workers' compensation, including Permanent Total Disability (PTD) benefits, is vital to adequately assist clients who have suffered severe and lasting injuries. As a Florida workplace accident lawyer, understanding the specifics of workers' compensation, including Permanent Total Disability (PTD) benefits, is vital to adequately assist clients who have suffered severe and lasting injuries.

Permanent Total Disability (PTD) benefits are designed for workers who, due to a workplace injury, have been permanently and totally disabled, rendering them incapable of performing any kind of gainful employment.

Key aspects of PTD benefits include:

Eligibility: To qualify for PTD benefits, a treating physician must declare that the worker has reached Maximum Medical Improvement (MMI) and has a resulting permanent work-related disability that renders them incapable of engaging in any employment.
Certain severe injuries, such as blindness, paralysis, traumatic brain injury, or amputations of certain body parts, may automatically qualify a worker for PTD benefits.

Benefit Amount: PTD benefits generally equate to 66 2/3% of the worker’s average weekly wage at the time of injury, subject to the state’s maximum compensation rate. In some cases, an injured worker may also be eligible for a 3% annual cost-of-living increase, starting two years after the determination of PTD status.

Duration: PTD benefits in Florida are typically payable until the worker reaches the age of 75. However, if the worker was not eligible for Social Security benefits at the time of the injury, the benefits may extend beyond the age of 75.

Reevaluation: It’s important to note that even after being deemed permanently and totally disabled, the worker may be required to undergo periodic medical evaluations to confirm they remain eligible for PTD benefits.


As a Florida workplace accident lawyer, understanding the complexities of workers' compensation benefits, including death benefits, is critical to effectively assist clients who have tragically lost a loved one due to a workplace accident. As a Florida workplace accident lawyer, understanding the complexities of workers' compensation benefits, including death benefits, is critical to effectively assist clients who have tragically lost a loved one due to a workplace accident.

Death benefits under Florida’s workers’ compensation laws are designed to provide financial assistance to dependents of a worker who dies as a result of a work-related injury or illness.
Here are key aspects to understand about death benefits:

Eligibility: To be eligible for death benefits, the death must occur within one year of the work accident or within five years of continuous disability. Beneficiaries are typically considered to be dependents of the deceased worker, such as a spouse, minor children, or other family members who were financially dependent on the worker.

Benefit Amount: The amount of death benefits typically includes up to $7,500 for burial expenses. The dependents may also receive compensation equivalent to 66 2/3% of the deceased worker’s average weekly wage, up to a set maximum amount. These benefits are distributed among the deceased worker’s dependents, with the total benefits not exceeding a set cap, which as of my knowledge cutoff in 2021, was $150,000.

Duration: The duration of these benefits varies depending on the situation. For instance, a surviving spouse can receive benefits until remarriage, and at the time of remarriage, a lump sum equivalent to two years’ worth of benefits is paid out. Dependent children generally receive benefits until the age of 18, or 22 if full-time students. There may be exceptions for dependent children who are physically or mentally incapable of earning wages.


Each type of benefit applies to different situations, and our attorneys can help you understand which might apply to your case. Each type of benefit applies to different situations, and our attorneys can help you understand which might apply to your case.

Please note, time limits apply to filing workplace injury cases. Florida law typically provides a two-year statute of limitations for workplace accident lawsuits. For workers’ compensation claims, the injury must be reported within 30 days. Failure to act within these timeframes can jeopardize your right to compensation.

At Goldman, Babboni, Fernandez, Murphy & Walsh, we’ve spent years advocating for workplace accident victims in Florida. Our services include:

Negotiating settlements
Filing lawsuits and handling civil litigation
Determining liability
Providing legal advice
Calculating the value of your damages
Reviewing your workers’ compensation coverage
Assisting with the claims process
Managing workers’ comp claims disputes
Handling communications between all parties


Can I sue my employer for workplace injury in Florida? Can I sue my employer for workplace injury in Florida?

The majority of occupational injuries and illnesses in Florida are covered under the workers’ compensation system. This is a no-fault system designed to provide benefits to employees who get injured or fall ill due to their work.

In the majority of situations, employees who sustain injuries at work cannot take legal action against their employers. Rather, their primary option is to submit a workers’ compensation claim to secure benefits.

Nevertheless, under certain restricted circumstances, you might have the legal authority to file a negligence lawsuit against your employer. The four potential scenarios that could lead to such a lawsuit are elaborated on below.

Intentional Conduct: If your employer intentionally caused you to have an injury, such as through an assault, you may be able to file a lawsuit against your employer.

Gross Negligence: If your employer has been grossly negligent and their conduct led to your injury or death, and your employer knew this and did nothing to prevent it, you may be able to sue for damages.

Uninsured Employers: If your employer does not have workers’ compensation insurance, you might be able to file a lawsuit against them for damages.

Third-Party Lawsuits: If you were injured by a third party, someone other than your employer or a co-worker, such as a vendor, a customer, or a manufacturer of a defective product, you might be able to file a lawsuit against them.


Do I need a lawyer for workers' compensation in Florida? Do I need a lawyer for workers' compensation in Florida?

As Florida workplace accident lawyers, we frequently encounter the question of whether to hire a lawyer for workers’ compensation. The answer is yes, depending on the complexity of the case and the severity of your injuries. Our attorney’s at Goldman, Babboni, Fernandez, Murphy & Walsh have the expertise in assisting you in the workers’ compensation claims process.

Here are instances that you should consider hiring a workers’ compensation attorney:

Severe Injuries: If you have a severe injury that is permanent and you are unable to return to work, our lawyers can help ensure you receive the compensation you deserve.

Pre-Existing Conditions: If you have pre-existing conditions, especially if they were caused by the same area where you were injured at work, your claim may likely be disputed. Our lawyers at Goldman, Babboni, Fernandez, Murphy & Walsh can help argue your case.

Denied Medical Treatments: Sometimes, the insurance company may not approve your necessary medical treatment. Our attorneys can help you with this process.

Insufficient Wage Loss Benefits: If you believe that your disability rating is incorrect, or the benefits you’re receiving are not enough to cover your lost wages or medical bills, our lawyers can help you file an appeal.

Retaliation: If you are facing retaliation for filing a workers compensation claim, (like reduced hours, lower pay, demotion, or even termination) our lawyers can help you with this process.


How much do accident lawyers charge in Florida? How much do accident lawyers charge in Florida?

As a Florida workplace accident layer, it’s essential for us to explain and communicate how legal fees are typically structured in personal injury or workers’ compensation cases.

Generally, most accident lawyers will charge on a contingency fee basis for their services. This means that the attorney is only paid if they obtain compensation for you. If the attorney does not obtain a settlement for you, then you do not owe any money to the attorney. Our lawyers at Goldman, Babboni, Fernandez, Murphy & Walsh work on a contingency fee basis for our services.

Here are details concerning this fee structure:

Contingency Fee Percentages: Contingency fees can vary depending on the complexity of the case, the time it takes to resolve, and the lawyer’s experience and expertise. This fee structure generally ranges from 20% to 40% of the total settlement amount. For workers’ compensation cases in Florida, attorney fees are often regulated by statute and may be capped at a certain percentage or amount.

Cost and Expenses: In addition to the contingency fee, there may be costs and expenses related to your case, such as court fees, costs for obtaining medical records, expert witness fees, and other miscellaneous expenses. These are usually reimbursed to the attorney out of the settlement proceeds.

Fee Agreement: The attorney will send you a fee agreement that outlines the fee structure and the cost of their services.



What is the highest workers’ compensation settlement in Florida? What is the highest workers’ compensation settlement in Florida?

As a Florida workplace accident lawyer, it’s important to know that workers’ compensation benefits are designed to cover lost wages, medical expenses, and disability benefits related to a workplace injury or illness. The amount of compensation an injured worker may receive can vary greatly depending on several factors including the nature and severity of the injury, the worker’s wage prior to the injury, and whether the injury resulted in any permanent disability.

Florida’s workers’ compensation laws set the guidelines for these benefits, and there isn’t a single “highest” settlement because compensation isn’t awarded in a lump sum except in certain cases. Instead, the benefits are usually given out weekly and are meant to replace a portion of the worker’s lost income and pay for necessary medical treatment.

However, there are maximum limits to these benefits as outlined by Florida law:

Temporary Total Disability and Temporary Partial Disability: These benefits can be up to 66 2/3% of the worker’s regular wages at the time of injury. However, they cannot exceed the maximum weekly benefit limit set by the Florida Division of Workers’ Compensation, which adjusts annually.

Permanent Total Disability: This benefit continues at the same rate as temporary disability benefits but can potentially last for the duration of the worker’s life.

Death Benefits: The total amount available for dependents of workers who die as a result of a workplace accident is $150,000, which includes up to $7,500 for funeral expenses.

In rare cases, if an employer or its insurance company acted in bad faith, the injured worker might receive a substantial settlement through a separate civil lawsuit. But these are exceptions and not the rule in the workers’ compensation system.


What happens if you get hurt at work in Florida? What happens if you get hurt at work in Florida?

As a Florida workplace accident lawyer, it’s crucial to be well-versed in what happens if someone gets hurt at work in Florida. Here’s a step-by-step rundown:

Immediate Medical Treatment: The first priority is to seek immediate medical attention. In an emergency, go directly to the emergency room or urgent care. For non-emergencies, your employer may direct you to a specific healthcare provider authorized by their workers’ compensation insurance.

Notify Your Employer: Inform your supervisor or employer about the injury as soon as possible. Under Florida law, you must report your injury within 30 days of the incident, or within 30 days of when you knew or should have known that an injury or illness is work-related.

Employer’s Role: Once notified, your employer should report your injury to their workers’ compensation insurance company within 7 days. They should provide you with information about your rights and responsibilities, as well as the workers’ compensation benefits.

Claim Processing: The insurance carrier will review your claim. They may contact you for additional information, as well as the doctor treating you. They must approve or deny the claim within 120 days.

Medical Benefits: If your claim is approved, necessary medical treatment related to your injury should be covered. This includes doctor visits, surgeries, physical therapy, prescriptions, and medical equipment.

Disability Benefits: If your injury results in you being unable to work or earning less than before the accident, you may be entitled to wage replacement benefits. The type and amount of these benefits depend on the severity of your injury and its impact on your ability to work.

Dispute Resolution: If your claim is denied, or if there’s a dispute about your benefits, you have the right to petition for benefits with the Florida Division of Workers’ Compensation. In this case, having an experienced workplace accident attorney can be crucial in advocating for your rights and benefits.

Returning to Work: Depending on your condition, you may return to work with modifications, or “light duty,” as prescribed by your treating physician.


My workers’ compensation claim in Florida was denied Do I need a lawyer? My workers’ compensation claim in Florida was denied Do I need a lawyer?

If your workers’ compensation claim has been rejected, it’s not the end of the road. Even though the process might appear complex, a proficient workers’ compensation attorney in Florida can assist you. Here are the steps to follow if your claim has been turned down.

Determine Why Your Claim Was Rejected

Your first step should be to identify why your claim was denied. Once you understand the reason, you can work towards rectifying the issue. Common reasons for rejection of workers’ compensation claims include:

Disputed Injury: Your employer may dispute the claim if they believe that your injury did not occur as a direct result of your work. For example, if the injury occurred during a break or if they believe a pre-existing medical condition caused your illness, they may argue it doesn’t qualify for compensation.

Delayed Notification: As per Florida Statutes 440.185, you must inform your employer about your injury within 30 days. A delay in reporting can lead to denial of your benefits.
Uncovered Illness: Not all occupational diseases are covered by workers’ compensation. If your condition doesn’t meet the established criteria, your compensation claim might be denied.

Address the Denial Reasons

Once you have identified the reasons for denial, you can begin to rectify the issues. If the validity of your injury is being questioned, you might need to enlist the help of a workers’ compensation attorney who can help refute the objections raised by your employer or their insurance company. The evidence to support your claim, such as medical reports, expert testimonies, etc., will play a vital role when you contest the denial.

Initiate the Appeal Process

When you receive a denial letter for your workers’ compensation claim, it should include instructions on how to file an appeal. Make sure you read it carefully. In Florida, an appeal against rejection by filing a Petition for Benefits must be lodged within two years of the injury. While this period gives you ample time to prepare for your appeal, it’s recommended to initiate the process as soon as you can.

During the appeal process, you’ll present your case to an administrative judge. You’ll have the opportunity to present any relevant evidence at this hearing. If the judge approves your claim based on your evidence, you’ll be eligible for the benefits. If your claim is still denied due to insufficient evidence, you can proceed to appeal at higher levels.

Hire a qualified Workers’ Compensation Lawyer

Having an attorney assist you becomes crucial when your workers’ compensation claim has been denied. You will be required to present arguments and evidence to support your claim, which can be challenging, especially when you’re up against the legal team of an insurance company. An experienced attorney at Goldman, Babboni, Fernandez, Murphy & Walsh can help you navigate through the intricate appeal process, compile the necessary evidence, and articulate your case effectively.