West Palm Beach Workers’ Comp Attorney

Workers’ compensation is a state-mandated insurance program designed to provide financial and medical benefits to employees injured on the job. In Florida, nearly all employers are required to carry workers’ compensation insurance to cover workplace injuries and illnesses.

Coverage applies to:

• Employers outside the construction industry with four or more full-time or part-time employees.
• State and local government employers.
• Construction employers with even just one employee.
• Farmers with over five regular workers or 12 seasonal workers employed for at least 30 days.

Workers’ compensation benefits begin from an employee’s very first day on the job and continue throughout their employment, offering protection regardless of fault. Florida operates a no-fault system, meaning injured workers don’t have to prove their employer was negligent, only that the injury or illness happened as part of their work.

The Division of Workers’ Compensation within the Florida Department of Financial Services oversees the program to ensure injured employees receive benefits like medical care, disability compensation, or death benefits when necessary.

Injuries vary widely between professions, and understanding these differences is crucial in building a strong claim. Healthcare staff often face repetitive strain or exposure to infectious diseases; construction workers risk falls, machinery accidents, and heavy lifting injuries; hospitality employees may suffer burns, slips, or repetitive injuries; government and retail workers encounter their own workplace hazards related to their specific roles.

Some of the most common types of on-the-job injuries our West Palm Beach workers’ comp attorneys have seen include:

• Broken bones and torn ligaments due to accidents on job sites or in facilities
• Spinal cord and head injuries from falls or equipment mishaps
• Hearing loss linked to noisy work environments
• Burns from chemicals, kitchen accidents, or electrical sources
• Back injuries from manual labor or prolonged physical tasks
• Occupational illnesses from prolonged exposure to hazardous substances

An injury can be caused by a specific event, such as a fall, or by the constant and repetitive stresses of the job. Conditions such as mesothelioma or Legionnaires’ Disease often develop from workplace exposure to toxins.

Gordon & Partners has stood up to the largest employers across the city:

• Local government: Palm Beach County, city government offices, courthouse staff
• Healthcare: JFK Medical Center, Palm Beach Gardens Medical Center, West Palm Beach VA Medical Center
• Hospitality: Leading downtown hotels, resorts, and restaurants from CityPlace to Clematis Street
• Construction companies: Active on downtown revitalization, I-95 corridor upgrades, and the residential boom
• Retailers from PGA Boulevard to Military Trail, Town Center at Boca Raton, and high-profile events at the Kravis Center

We’ve taken on West Palm Beach’s biggest employers and their insurance companies—and won. Our knowledge of their processes, insurance adjusters, and defense lawyers helps us anticipate and counter aggressive claims tactics from day one.

Every action you take after an injury matters. In West Palm Beach’s fast-paced workplaces, delay can cost you your benefits.

Step 1: Seek Immediate Medical Attention
Go to the nearest emergency room, such as JFK Medical Center, Palm Beach Gardens Medical Center, St. Mary’s Medical Center, or the West Palm Beach VA Medical Center, and don’t let your employer pressure you to avoid treatment or “wait and see.” Your health and your case depend on prompt medical care.

Step 2: Report the Injury Within 30 Days
Florida law requires West Palm Beach workers to notify employers of work injuries within 30 days. Tell your supervisor or HR, and submit a written report if possible, especially in larger workplaces like hospitals, retail chains, and restaurants with established protocols. Miss this deadline and your entire case may be denied.

Step 3: Document Everything
Take photos of the accident scene and your injuries, request any security footage, and get witness names and statements from supportive coworkers before management pressures them. Evidence can disappear quickly in busy commercial, retail, and hospitality settings.

Step 4: Call Gordon & Partners Before Talking to Insurance
Never speak to insurance adjusters alone, as they are trained to limit or deny claims. Insurance companies exploit injured workers’ lack of knowledge, using recorded statements and legal traps to minimize payouts. Speak to a Workers’ Comp Lawyer in West Palm Beach who knows these tactics and will protect your interests immediately.

Step 5: Follow All Medical Instructions and Keep Records
Consistent care from local West Palm Beach specialists is vital, as your medical documentation will make or break your case. Keep records, appointment summaries, prescriptions, and communication with your doctors and the insurance company. We help you manage this so nothing slips through the cracks.

Disputes regarding whether to award workers’ compensation benefits are common, and some injured workers are unfairly denied the money they need to support themselves and their families.

Should your employer dispute your injury or not report it, you could contact the workers’ compensation insurance provider directly and file a claim or ask your attorney to do so. Workers’ compensation claims in Florida must generally be filed within two years from the date of your injury.
Your local Employee Assistance Office (EAO) can assist you as could a member of our legal team at Gordon & Partners.

For over 40 years, our legal team has helped many injured workers obtain the benefits they need. Under Florida’s Workers’ Compensation Act, these benefits could include the following:

Medical Benefits
Workers’ compensation helps pay for any medical care that is reasonable and necessary to treat a work injury or illness. For medical bills to be paid, treatment must be provided by a doctor authorized by your employer’s insurance company. Workers’ compensation generally covers:

• Hospital stays
• Doctor appointments
• Prescription medications
• Surgeries
• Medical testing
• Physical therapy
• Adaptive devices (wheelchairs, prostheses, etc.)
• Travel costs for medical reasons

Temporary Partial Disability Benefits
These benefits are issued if you can return to work with certain restrictions. You may be eligible to receive temporary partial disability (TPD) if you cannot earn 80 percent of your pre-injury wages. TPD benefits are payable for up to 104 weeks.

Temporary Total Disability Benefits
These benefits are issued if you cannot earn because of your work injury or illness. You would receive 66 and two-thirds percent of your average weekly wages up to a maximum that is adjusted on an annual basis. For injuries sustained in 2020, the maximum rate is $971 each week.

However, for more severe injuries, such as paralysis or blindness, temporary total disability (TTD) benefits would increase to 80 percent of your regular wages for a period of up to six months. These benefits are not payable for the first seven days you miss work unless your injury prevents you from working more than 21 days.

Impairment Income Benefits
If you reach maximum medical improvement (MMI), meaning that your work injury or illness is not expected to improve, you may be evaluated for permanent work restrictions and obtain an impairment rating. Benefits are issued if your permanent impairment is rated over zero percent.

Permanent Total Disability Benefits
If you have a disabling condition that does not allow you to perform any work, you may be eligible to receive permanent total disability (PTD) benefits at the same rate as TTD benefits. These benefits are payable until you reach 75 years old or for life if you are unable to qualify for Social Security benefits.

Certain injuries, such as amputations, severe brain or closed-head injuries, second or third-degree burns, and spinal cord injuries that result in paralyzation, are automatically deemed as permanent total disabilities.

Death Benefits
When an employee dies from a workplace injury or illness, death benefits can be issued to certain surviving family members. The amount awarded will depend on the number of dependents, but it cannot exceed two-thirds of the deceased worker’s average weekly wages or $150,000 in total. These benefits could help cover up to $7,500 in funeral and burial costs.

Need help obtaining benefits? Speak with a licensed West Palm Beach workers’ compensation attorney from our firm to get started. There is no risk in calling us for a free case evaluation. We are available 24/7.

While filing a claim may appear to be a straightforward process, it does not always work out that way. Insurance companies and employers may try to downplay the seriousness of your work injuries or claim your injuries occurred outside of work. Sometimes an independent medical examiner will take the side of the insurance company and send you back to work too soon or deny the existence of an injury.

When this happens, you have the option to appeal. You would need to file a Petition for Benefits with the Office of the Judges of Compensation Claims (OJCC) within two years of the date of injury. The OJCC appeals board will review your petition and notify your employer and workers’ compensation insurer. The insurer will have 14 days to respond to the appeal.

The next step is mediation. If nothing is resolved during mediation, a formal hearing with be held before a workers’ compensation judge. 90 days from the date of the pretrial hearing, a final hearing will take place.

Having an experienced lawyer representing you during the appeals process could be beneficial. Our West Palm Beach workplace injury lawyers, for example, know the tricks and tactics employers and insurance companies use to cheat employees out of benefits. Thus, we are committed to standing up for injured workers and are ready to pursue the benefits you need to help with your recovery.

If you have been denied the workers’ compensation you need or if you are receiving inadequate benefits, you need a dedicated WPB workers’ compensation lawyer on your side. Our attorneys have many years of combined experience recovering favorable verdicts and settlements on behalf of those who have been injured or lost a loved one in a workplace accident.

We offer free, no-obligation consultations to review the details of your workers’ comp claim. We work on a contingency fee basis, which means we put your interests first, and we do not get paid unless you receive compensation.

Our office is in Palm Beach Gardens at 4114 Northlake Blvd, just a short 15-minute drive from the Palm Beach County Courthouse.

What is an occupational disease?
An occupational disease is one that is caused by your job. In other words, the nature of your employer was the major contributing cause. Your workers’ compensation lawyer must provide medical evidence, including findings from a physical examination and diagnostic testing. They must also show that your job had a higher risk of causing this disease than other jobs.

Are preexisting injuries covered?
If you can prove your job aggravated or accelerated a preexisting condition, you may be eligible for workers’ compensation benefits. You will need to prove your injury was not made worse by something outside of work. This may mean showing how you have new symptoms, or the pain is worse than before.

Are independent contractors covered?
Workers’ compensation is reserved for workers who are classified as employees. That means independent contractors are not eligible for compensation. However, it is common for employers to misclassify workers as independent contractors. Employers do this to get out of providing the same benefits to these workers. If you have questions about your employment status and whether you are an employee under the law, call Gordon & Partners today.

If one or more of these statements is true, you may have been misclassified by your employer:

• Your employer sets your hours
• Your employer directs you as to how to complete your work
• Your employer supplies the tools and equipment you need to do your job
• Your work is a key aspect of the business

Can I file a claim if injured off-site?
This is a complex issue that should be discussed with a licensed workers’ compensation attorney, but it may be possible to obtain benefits if you were doing a work-related task while you were off-site. For example, if you were injured while receiving off-site training or on a business trip, you may be eligible for compensation, and there should be grounds for filing a workers’ compensation claim. Commuting to and from your job is generally not considered a work-related task.

How quickly will I receive benefits?
If your claim is approved, you should receive your first check within 21 days of reporting your injury to your employer. If there is a delay, you should talk to a licensed workers’ compensation lawyer so he or she can try to find out what is going on.

Can I choose my own doctor for treatment?
Unfortunately, you must go to the doctor chosen by your employer or its workers’ compensation insurer. If you are not satisfied with the medical care provided by the treating doctor, you have the right to change doctors. However, this change can only be done once. The insurance company will usually assign a new doctor within five days after a written request asking for a change in care has been submitted.