Plantation, FL Workers Compensation Lawyer

When an injury at work turns your world upside down, you need more than legal advice. You need a trusted partner who understands your pain, your stress, and your rights. 

At Kogan & DiSalvo Personal Injury Law, our Plantation, FL, workers’ compensation attorneys are here to guide you every step of the way. We know you’re worried about lost wages, mounting medical bills, and an uncertain future. You’re not alone. We’ve walked in your shoes, and we’re dedicated to helping you secure the benefits you deserve under Florida law.

Understanding Florida Workers’ Compensation

Workers’ compensation in Florida is a no-fault system, which means you don’t have to prove your employer was negligent to receive benefits. As long as your injury arose out of and in the course of your employment, you’re generally eligible.

You may qualify for workers’ compensation benefits if:

• You are an employee (i.e., not an independent contractor) covered by your employer’s policy
• You sustained a work-related injury or occupational disease (Injuries gained while not at work, injuries from horseplay, or self-inflicted harm generally do not qualify)
• You reported the injury to your employer within 30 days of its occurrence

Our attorneys help you gather medical evidence, witness statements, and employment records to establish your right to benefits.

Benefit Categories Under Florida Law

Florida workers’ compensation provides several benefit categories designed to cover medical costs, wage losses, long‐term impairments, and even death‐related expenses.

Understanding each benefit helps you secure full compensation and plan for recovery without unnecessary delays.

Medical benefits

Medical benefits cover all reasonable and necessary treatment for injuries that arise out of and in the course of employment.

This includes hospital stays, doctors’ office visits, surgeries, prescription medications, physical therapy, and durable medical equipment, so you never face out-of-pocket bills.

Under Section 440.13, treatment must be authorized by your employer’s insurer or Managed Care Organization (MCO) to guarantee coverage.

Temporary partial and total disability

Temporary Total Disability benefits pay a percentage of your average weekly wage when you cannot work at all due to your injury.

If you can perform light duties but earn less than before your injury, then Temporary Partial Disability covers 80 percent of the wage difference between your average pre‐injury and post‐injury weekly wages.

This benefit ensures you are not penalized for gradual returns to work and encourages employers to offer modified roles.

Permanent impairment benefits

Once you reach maximum medical improvement and still have lasting limitations, you may qualify for Permanent Impairment Benefits.

If a workplace accident results in a fatality, death benefits provide financial support to surviving dependents. These include funeral expenses up to the statutory cap for weekly payments of the deceased worker’s average weekly wage and benefits for minors under state law.

Our skilled legal team at Kogan & DiSalvo fights to make sure every eligible dollar is paid and appeals denials under Florida law.

Reporting Your Injury

Florida law requires you to notify your employer within 30 days of an injury or discovery of an occupational disease under Section 440.185. Failure to report on time can lead to a complete denial of benefits, so it is crucial to provide a detailed written notice even for seemingly minor injuries.

Timely reporting notifies the insurance carrier, triggers medical authorizations, and protects your right to Temporary Total and Partial benefits under Florida’s no‐fault scheme.

Disputes and Hearings

If your benefits are denied, cut off, or underpaid, you have the right to file a petition for benefits to challenge an insurer’s decision.

You may also request an informal conference to attempt a settlement before moving to a formal hearing with a judge of compensation claims.

At Kogan & DiSalvo, we meticulously prepare your case, gathering medical records, expert testimonies, vocational assessments, and witness declarations to present compelling evidence.

We advocate for your rights at every stage, from mediation through formal hearings and appeals, to secure the benefits you deserve.

Third‑Party Liability

Workers’ compensation covers essential medical care and partial wage benefits, but does not compensate you for pain, suffering, or long-term non-economic losses. If a negligent subcontractor, truck driver, equipment manufacturer, or other third party contributed to your injury, you may have a separate personal injury claim. 

Florida’s comparative negligence rules allow you to recover lost wages, non-economic damages, and future losses from parties other than your employer. 

We evaluate both your workers’ compensation and third-party claims coordinating strategies to maximize total recovery. No matter how complicated the situation, we fight for what you truly deserve.

Common Claim Denials for Injured Workers

When you’re hurt on the job or by someone else’s negligence, facing a claim denial can feel like hitting a brick wall. Below are the most frequent reasons insurance carriers reject claims.

Common reasons for workers’ compensation claim denials:

• No medical evidence or insufficient documentation: If your claim lacks detailed medical records tying your condition to a work incident – such as physician notes, test results, or treatment plans – the carrier will question whether your injury is compensable.
• Pre-existing conditions: Insurers may claim your symptoms stem from a prior condition. Unless you can show that work duties aggravated or accelerated your injury, the carrier will reject your claim.
• Failure to follow prescribed treatment: Skipping doctor appointments, refusing recommended therapy, or failing to file prescribed medications can lead carriers to argue you’re not seriously injured or that you’re hindering your own recovery.

For third-party lawsuits, common reasons for denying the claims of injured workers are:

• Failure to identify the correct defendant: You must name the negligent third party (e.g., subcontractor, driver, manufacturer, or property owner) in your lawsuit. Suing the wrong entity or an uninsured party often kills your claim.
• Statute of limitations: In Florida, most personal injury suits must be filed within a few years of the accident. Waiting too long – even by days – can permanently extinguish your right to recover.
• Lack of duty or breach: To win, you must prove that the defendant owed you a duty of care and breached it. If evidence is weak that the third party had any responsibility for your safety, the claim will be denied.
• Inadequate proof of causation: The carrier will challenge whether the third party’s negligence directly caused your injury versus another intervening event. Without clear expert testimony or accident reconstruction, your claim falters.
• Unfair blame placed on you: If insurers argue you were partly responsible and you can’t disprove it, you’ll see your award slashed or wiped out.
• No evidence of damages beyond workers’ compensation: Third-party claims allow you to seek pain and suffering, full wage loss, and future earnings. But without documentation, evidence, and strong testimony from experts, you may be unable to show the extent of your non-economic losses.
• Failure to preserve evidence: Discarded equipment, missing surveillance footage, or lost accident reports can doom your case. Courts expect you to secure and maintain critical evidence promptly.

How Kogan & DiSalvo Overcome Denials

Facing any of these hurdles alone is daunting. At Kogan & DiSalvo Personal Injury Law, we:

• Start investigating on day one to collect witness statements, medical records, and site photos
• Draft and file all reports, petitions, and lawsuits before deadlines expire
• Engage experts – physicians, engineers, accident reconstructionists – to counter insurance defenses
• Handle both workers’ compensation petitions and third-party lawsuits in tandem so you maximize total recovery

If your claim is denied or disputed, don’t accept “no” as the final answer. We hold insurers and negligent parties accountable and can work tirelessly to secure the benefits and compensation you truly deserve.

Employer Retaliation

Florida law makes it illegal for your employer to retaliate against you simply because you filed a workers’ compensation claim. These protections ensure that injured workers can seek the benefits they deserve without fear of payback.

Retaliation includes:

• Discharge, demotion, suspension, or involuntary reassignment
• Reduction in pay, hours, benefits, or shift preferences
• Harassment, threats, intimidation, or hostile work environments
• Unwarranted performance warnings or denial of raises and promotions

Even subtle actions – like isolating you from team meetings or withholding training opportunities – can constitute retaliation if tied to your claim.

If you experience any of the above, you may bring a separate wrongful termination or retaliation claim in civil court rather than through the Division of Workers’ Compensation. 

Taking the Next Step

An injury shouldn’t define your future. You deserve compassionate guidance, skilled negotiation, and unwavering advocacy. At Kogan & DiSalvo Personal Injury Law, we treat every client like family. We’ll handle the legal hurdles so you can focus on healing.

If you’ve been hurt on the job, don’t wait until crucial deadlines pass. Our dedicated Plantation, FL, legal team is standing by, ready to listen, strategize, and fight for your recovery. 

Contact Kogan & DiSalvo Personal Injury Law now, because when it comes to your health and livelihood, time is of the essence. You didn’t choose to get hurt. But you do have the power to choose how you respond. With a strong legal ally in Kogan & DiSalvo, you can get the compensation and benefits you are entitled to receive.