Workers' Compensation At Michles & Booth, You Will Not Be a Victim Twice.

There is no 'one-size-fits-all' when it comes to workers' compensation claims.

At Michles & Booth, we have attorneys who specialize in the complexities of workers' compensation claims. We are ready to help fight for the justice you deserve. Contact our team today for a free initial consultation.

Workers Compensation- Feature

Florida Workers’ Compensation Lawyers

Injured at Work? Michles & Booth Can Help.

Work with a firm with a Board Certified Workers’ Compensation Attorney.

With few exceptions, all workers in the state of Florida are covered by workers’ compensation. Workers’ compensation is a form of insurance purchased by your employer that covers you in the event you are injured at work or while performing work-related duties. In exchange for this coverage, you are generally prohibited from suing your employer directly.

If you or your loved one was injured at work and need help filing a workers’ compensation claim, or if your claim has been denied, contact Michles & Booth. With offices in Pensacola, Crestview, Fort Walton Beach, and Tampa, our Florida workers’ compensation lawyers assist clients across the state with all aspects of their workers’ compensation claims.

Your initial consultation is completely free. Call (800) 848-6168 or contact us online to schedule yours today.

What Is Covered by Workers’ Compensation?

Workers’ compensation claims differ somewhat from personal injury claims. For one, you do not need to prove that another person/party acted negligently. Instead, you only need to prove that you were injured while on the job.

Notably, workers’ compensation insurance does not cover all of the same damages that you could potentially recover in a personal injury lawsuit.

In most cases, workers’ compensation covers:

You may qualify for temporary total disability, temporary partial disability, and/or impairment benefits. This will depend on the nature and extent of your injuries/occupational disease.

Visit our Workers’ Compensation Benefits page to learn more.

Act Quickly to Recover Your Workers’ Compensation Benefits

In Florida, you typically only have 30 days to report the accident/your injury to your employer. Once you have reported your injury, you generally have two years in which to file for workers’ compensation benefits.

Our Florida workers’ compensation lawyers can help you navigate the process of filing for and recovering your workers’ compensation benefits.

Learn more about how to file a workers’ compensation claim here.

Trust Your Case to Our Team

At Michles & Booth, we are extensively experienced in workers’ compensation law. In fact, Attorney Brian Carter is Board-Certified in Workers’ Compensation Law by the Florida Bar. He—along with our entire team of attorneys, staff, in-house investigators, and on-staff medical doctor—can help you understand your legal rights and work to make sure they are protected.

We understand the various complexities and challenges involved in these types of cases and, importantly, we know how to overcome them. We always provide free initial consultations, and there is no fee unless/until we recover compensation for you.

Reach out to us today to discuss the details of your case; call (800) 848-6168.

Workers' Compensation Overview: The Basics

Notification Requirements

When an employee suffers a work-related accident resulting in injury, the employee has 30 days to notify the employer. Many employers have the policy that accidents must be reported within 24 hours. This may be a condition of ongoing employment, but does not negate state law. While the employer may suspend or terminate the employee for violating this employment rule, it does not preclude the filing of a workers’ compensation claim.

Choice of Medical Provider

Unfortunately, current state law places the power of selecting a medical provider in the control of the employer/carrier. However, many times, appointments are scheduled with physicians in areas outside of where the injured worker lives. In most situations, this is not permitted. The employer/carrier cannot “doctor shop” by forcing the injured worker to travel unnecessarily.

In the event the injured worker is dissatisfied with the physician, the injured worker gets one opportunity to change physicians during the course of the workers’ compensation claim. The employer/carrier gets the initial right to select that physician, but there are deadlines, and the right to choose can switch to the injured worker.

Physical Work Limitations

Following an accident, an injured worker will often have physical restrictions limiting the ability to work. During this time, the injured worker is entitled to up to 104 weeks of lost wages – temporary total indemnity or temporary partial indemnity. The classification is based on whether the restrictions assigned by the doctor are “no work” vs. “light duty.”

The amount of the lost wage owed by the employer/carrier is based on the average weekly wage of the injured worker. This amount is the average gross amount earned in the thirteen weeks prior to the accident. Once the base wage is determined, the injured worker is entitled to sixty-six and two-thirds percent of the average weekly wage, if on no-work restrictions.

Alternatively, if the doctor assigns light duty, and the employer cannot accommodate the restrictions, the injured worker is entitled to sixty-four percent of the average weekly wage. Sometimes, the employer provides some work, but the injured worker earns less than eighty percent of the average weekly wage. In this situation, the claimant is entitled to recover some wages per a complex formula.

Maximum Medical Improvement (MMI)

Ultimately, the injured worker will be placed at maximum medical improvement. At this stage, the primary question is whether the injured worker can return to their original position. If not, then there is an assessment of whether they are permanently and totally disabled. If so, the injured worker would be entitled to wages until age 75. This often requires an assessment by a vocational expert to determine if there are jobs the injured worker can perform within a 50-mile radius of their home.

Ongoing Medical Treatment

Finally, ongoing benefits are dependent on the doctor’s opinion that the work accident is the continued major contributing cause, or greater than fifty percent the need for treatment. This is frequently the primary issue in each workers’ compensation claim.

If you have any questions about your on-the-job injury or any other accident suffered at work, call Michles & Booth immediately to set up your free initial consultation and make sure your rights to workers’ comp benefits are protected.

Answers to Common Workers' Comp Questions

Do you have questions about your Florida workers’ compensation claim? We have answers.

What is workers’ compensation?

Workers’ compensation is an accident insurance program paid by your employer that is designed to provide you with medical, rehabilitation, and income benefits if you are injured on the job. These benefits are provided to help you return to work. Workers’ compensation also provides benefits to the surviving dependents of an individual who dies as a result of a job-related injury.

How long do I have to work at a job before I'm covered?

You are covered from the first day you are on the job.

How long do I have to report the incident to my employer?

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

How long does my employer have to report the injury?

Your employer should report the injury as soon as possible, but no later than seven days after they become aware of the injury/condition. The insurance company must send you an informational brochure within three days of receiving notice from your employer. The brochure will explain your rights and responsibilities, as well as provide additional information about workers’ compensation law.

What if my employer won't report my injury to the insurance company?

You have the right to report the injury to their insurance company. If you need assistance, contact the Employee Assistance Office at (800) 342-1741 or e-mail You can also contact Michles & Booth for a free consultation with a Florida workers’ compensation lawyer at our firm.

What kind of medical treatment can I get?

The medical provider, authorized by your employer or the insurance company, will provide the necessary medical care, treatment, and prescriptions related to your injury.

Do I have to pay any of my medical bills?

No, all authorized medical bills should be submitted by the medical provider to your employer’s insurance company for payment.

Will I be paid if I lose time from work?

Under Florida law, you are not paid for the first seven days of disability. However, if you lose time because your disability extends to over 21 days, you may be paid for the first seven days by the insurance company.

How much will I be paid?

In most cases, your benefit check, which is paid biweekly, will be 66 2/3 percent of your average weekly wage.

If you were injured before October 1, 2003, this amount is calculated by using wages earned during the 91-day period immediately preceding the date of your injury, not to exceed the state limit. If you worked less than 90 percent of the 91-day period, the wages of a similar employee in the same employment who has worked the whole of the 91-day period or your full-time weekly wage may be used.

If you were injured on or after October 1, 2003, your average weekly wage is calculated using wages earned 13 weeks prior to your injury, not counting the week in which you were injured. In addition, if you worked less than 75 percent of the 13-week period, a similar employee in the same employment who has worked 75 percent of the 13-week period or your full time weekly wage shall be used.

Do I have to pay income tax on this money?

No; however, if you go back to work on light or limited duty and are still under the care of the authorized doctor, you will pay taxes on any wages earned while working.

When will I get my first check?

You should receive the first check within 21 days of reporting your injury to your employer.

If I’m only temporarily disabled, how long can I get paid?

You can receive temporary total disability benefits, temporary partial disability payments, or a combination of the two benefits during the continuance of your disability for no more than a maximum of 104 weeks.

Can I receive SSD and workers’ comp benefits at the same time?

Yes. However, an offset, or reduction, in your workers’ compensation check may be applied because the law states that the two combined may not exceed 80 percent of your average weekly wage earned prior to your injury.

Can I receive unemployment benefits at the same time?

No, not if you are receiving temporary total or permanent total disability benefits, as you must be medically able and available for work to qualify for unemployment.

Does my employer have to hold my job for me?

No, there is no provision in the law that requires your employer to hold the job open for you.

Can my employer fire me if I am unable to work because of an injury?

No, it is against the law to fire you because you have filed or attempted to file a workers’ compensation claim.

What if I'm unable to return to the type of work I did before I was injured?

The law provides, at no cost to you, reemployment services to help you return to work. Services include vocational counseling, transferable skills analysis, job-seeking skills, job placement, on-the-job training, and formal retraining.

What is the time limit for filing a Petition for Benefits?

In general, there is a two-year period to file this petition. However, it depends on the type of issue in dispute.

Is there a period of time after which my claim is no longer open?

If you were injured on or after January 1, 1994, the claim is closed one year from the date of your last medical treatment or payment of compensation. This period of time is referred to as the statute of limitations.

Can I get a settlement from my claim?

Settlements may be made under certain circumstances and are voluntary - not automatic or mandatory.

What can I do if it's difficult to get a prescription filled?

In Florida, an injured worker has the right to select a pharmacy or pharmacist. Florida law prohibits interference with your right to choose a pharmacy or pharmacist. However, a pharmacy is not required to participate in the workers’ compensation program. If at any time you become dissatisfied with your pharmacy or pharmacist’s services, you can seek another pharmacy to fill your prescriptions.

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