An injury at work changes things quickly. One moment you are doing your job. The next, you are dealing with pain, medical appointments, missed paychecks, and paperwork controlled by an insurance carrier you did not choose.

Many workers’ compensation claims begin without conflict. Medical care is authorized. Wage benefits begin. A claim number is assigned. An insurance adjuster reaches out. But even in straightforward cases, questions arise about who controls treatment, how wages are calculated, and what happens if recovery takes longer than expected.

Florida’s workers’ compensation system is governed by Chapter 440 of the Florida Statutes. It is designed to provide defined benefits without requiring proof that your employer did anything wrong. When medical decisions, benefit payments, or long-term care are questioned, however, the process can quickly become technical.

For more than 35 years, All Injuries Law Firm has represented injured workers throughout Port Charlotte, Fort Myers, Sarasota, and across Southwest Florida. Managing Partner Brian O. Sutter has been Board Certified in Workers’ Compensation by The Florida Bar since 1990, and Bryan Greenberg is also Board Certified and previously represented employers and insurance carriers at a large defense firm before joining our firm.

We represent workers at every stage of a claim. If your case is moving smoothly, we can help you protect it. If benefits have been delayed, reduced, or denied, we are prepared to step in and move the case forward.

When You’re Hurt at Work, What Actually Happens Next

Florida law generally requires that a workplace injury be reported within 30 days under Florida Statute 440.185. In practical terms, that means telling a supervisor promptly so a First Report of Injury can be filed with the insurance carrier.

An adjuster is assigned. A claim number is created. The Employer/Carrier selects the authorized treating physician. That doctor issues a DWC-25 work status form explaining whether you are on light duty, restricted duty, or temporarily unable to work.

If you have just been injured, focus on the basics: report promptly, attend authorized appointments, follow written work restrictions carefully, and keep copies of your work status slips. Early procedural steps help protect your right to benefits later.

In Southwest Florida, we regularly see injuries in construction, healthcare, hospitality, marine industries, and storm cleanup work. Each industry brings recurring patterns, including repetitive trauma disputes in healthcare and classification questions in construction.

How Florida Workers’ Compensation Works — And Who Controls Your Claim

Florida’s workers’ compensation system operates under the exclusive remedy doctrine. In most cases, you cannot sue your employer in civil court. Instead, the law provides structured medical and wage benefits under Chapter 440.

Why the Insurance Company Chooses Your Doctor in Florida Workers’ Comp Cases

The insurance carrier chooses the authorized treating physician and must approve referrals. Treatment outside the approved network may not be covered unless statutory procedures are followed.

Florida law allows a one-time change of physician, but that request must comply with specific procedures. Understanding how authorization works can prevent gaps in care.

How Lost Wage Benefits Are Calculated in a Florida Workers’ Comp Claim

Workers’ compensation benefits generally fall into three categories:

Medical Benefits – Authorized treatment, therapy, prescriptions, and diagnostic testing related to the injury.

Wage Replacement Benefits – Based on your Average Weekly Wage (AWW). Compensation is typically calculated at two-thirds of your average weekly wage, subject to statutory limits. Benefits may be Temporary Total or Temporary Partial depending on restrictions and earnings.

Permanent Benefits – After reaching Maximum Medical Improvement, a physician may assign an impairment rating. In more serious cases, Permanent Total Disability may apply under Florida law.

If you believe your wages were miscalculated or benefits were stopped too soon, those concerns deserve careful review.

Why Workers’ Compensation Claims Get Denied in Florida

When benefits are reduced or stopped, it often comes in the form of a Notice of Denial or written correspondence suspending medical or indemnity payments.

What “Major Contributing Cause” Means — and Why Insurers Use It to Deny Claims

Under Chapter 440, the workplace accident must be the Major Contributing Cause of the injury in many cases. Carriers frequently argue that degenerative findings or prior conditions are primarily responsible.

The legal question is whether the work accident remains more than 50 percent responsible for the need for treatment under Florida’s statutory standard.

How Independent Medical Examinations (IMEs) Can Lead to Benefit Cut-Offs

An Independent Medical Examination may be scheduled when the carrier questions ongoing treatment. If the IME report differs from the authorized physician’s opinion, benefits may be suspended.

When Insurance Companies Use Surveillance or Recorded Statements Against You

Some carriers use surveillance or recorded statements during the life of a claim. Activity taken out of context may be used to challenge restrictions or credibility.

Independent Contractor and “Scope of Employment” Disputes in Florida

Construction and hospitality industries sometimes generate disputes over employee classification or whether an injury occurred within the scope of employment. These are legal determinations, not just job titles.

Late Injury Reporting and Drug Testing Defenses That Can Affect Your Claim

Allegations of late reporting under Florida Statute 440.185 or post-accident drug testing may create statutory defenses depending on timing and documentation.

If your claim has been denied, many workers refer to the next step as an “appeal.” In Florida, the formal process proceeds through a Petition for Benefits before a Judge of Compensation Claims.

What Happens After a Denial or Benefit Cut-Off

When disputes cannot be resolved informally, a Petition for Benefits is filed under Florida’s workers’ compensation procedures.

The Employer/Carrier must respond within statutory deadlines. The case proceeds toward mediation and, if unresolved, may move to a hearing before a Judge of Compensation Claims.

Attorney’s fees in disputed cases are governed by Florida Statute 440.34 and are generally contingent upon securing benefits under the statute.

Can You Sue Your Employer or File a Separate Personal Injury Lawsuit?

Florida’s exclusive remedy rule generally prevents lawsuits against an employer. However, if someone other than your employer contributed to the injury, a separate personal injury claim may exist.

When a third-party case proceeds alongside a workers’ compensation claim, the carrier may assert a subrogation lien against the recovery. Proper settlement allocation and coordination are essential.

Our firm has obtained multiple seven-figure and high six-figure recoveries in personal injury matters throughout Southwest Florida. When appropriate, we evaluate whether additional avenues of recovery exist beyond workers’ compensation benefits alone.

Common Workplace Injuries and Disputes in Southwest Florida Industries

Construction workers frequently face fall injuries and classification disputes.

Healthcare employees often experience lifting injuries accompanied by medical causation arguments.

Hospitality workers may encounter scope-of-employment or modified-duty conflicts.

Marine and boating industries present equipment-related and multi-party liability issues.

Storm cleanup work commonly involves temporary labor and cumulative trauma disputes.

Why Board-Certified Workers’ Compensation Lawyers Matter in Complex Claims

Board Certification in Workers’ Compensation by The Florida Bar reflects substantial experience and peer-reviewed expertise.

Brian O. Sutter has been Board Certified since 1990. Bryan Greenberg is also Board Certified and brings prior insurance defense insight to complex disputes.

For more than 35 years, our firm has represented injured individuals across Southwest Florida, with offices in Port Charlotte and Fort Myers.

If you have questions about your benefits, medical treatment, or a denied claim, we are here to listen and help you understand your options.

Call (941) 625-4878 or contact us here to schedule a consultation.

Victory for the Injured — justice, recovery, and peace of mind for the workers we represent.