Workers' Compensation

Independent Medical Exams in Florida Workers’ Compensation Cases and How to Protect Yourself

Published on: December 22, 2025 | by Friedman Rodman Frank & Estrada, P.A.

If you were injured at work in Florida and are receiving workers’ compensation benefits, being scheduled for an Independent Medical Examination can feel unsettling. The exam may be presented as routine or neutral, but its impact on your claim can be significant. Many injured workers are surprised to learn that an IME can determine whether treatment continues, whether wage benefits stop, or whether the insurance carrier claims you are ready to return to work. Understanding how IMEs work and how to approach them can help you protect your benefits and your credibility.

What an Independent Medical Exam Really Is

An Independent Medical Exam, often called an IME, is an evaluation requested by the workers’ compensation insurance carrier when there is a dispute about your injury, treatment, or work status. Despite the name, the doctor performing the exam is usually selected and paid by the insurance company. That does not mean the doctor is automatically biased, but it does mean the exam is not the same as a visit with your treating physician.

Workers’ Compensation Denials in Florida and the Fastest Ways to Fight Back

Published on: December 14, 2025 | by Friedman Rodman Frank & Estrada, P.A.

Getting hurt at work can turn your life upside down fast. You are trying to manage pain, keep your job, and figure out how you are supposed to pay bills while you heal. When you report the injury and then receive a denial from the insurance carrier, it can feel like the system is telling you that your injury does not count. In Florida, denials happen more often than workers expect, and they are not always a sign that your claim is weak. If you are looking for a Miami workers’ compensation lawyer to help you respond, understanding why denials happen and what steps come next can help you regain control.

What a Workers’ Compensation Denial Really Means

A denial usually means the insurance carrier is refusing to pay some part of your claim. That can include medical care, lost wage benefits, mileage reimbursement, or authorization for a specific specialist or procedure. Sometimes the carrier denies the entire claim. In other cases, benefits start and then stop after an appointment, a change in work status, or a new medical report. The important point is this: a denial is not the final word. Florida’s workers’ compensation system gives you options to challenge the decision, but you need to act with purpose.

2025–2026 Florida Workers’ Compensation Changes and What Injured Employees Should Know

Published on: November 10, 2025 | by Friedman Rodman Frank & Estrada, P.A.

Florida workers face several important shifts in the workers’ compensation landscape heading into 2026. The Florida Office of Insurance Regulation recently approved a 6.9 percent rate decrease for workers’ compensation premiums, marking the ninth straight year of lower rates for employers. This change reflects statewide trends in claims, safety practices, and insurance costs. You still need a clear understanding of how these shifts affect wage-loss benefits, medical care, and claim handling in South Florida. Many workers seek legal guidance early in the process to avoid delays, missed documentation, or disputes with insurers.

Rate reductions may sound positive on paper, yet they also influence how insurers evaluate claims and manage medical authorizations. Understanding what changed for 2025–2026 helps you anticipate how your claim may unfold after a job injury in Miami, Broward, or the Keys.

How Florida’s 2026 Rate Reduction Fits Into The Broader System

Workers’ compensation rates determine the premiums that employers pay. Lower premiums can impact how insurers respond to claims, since each claim affects future costs. The 6.9 percent decrease for 2026 follows eight consecutive years of similar reductions. State regulators attribute these changes to fewer reported injuries in some industries, improved workplace safety programs, and stable costs for medical services covered by workers’ compensation.

Florida Appeals Court Rejects Emotional Injury Claim Tied to Workplace Assault

Published on: July 11, 2025 | by Friedman Rodman Frank & Estrada, P.A.

A restaurant worker in Florida sued her employer after an on-the-job assault caused severe psychological distress. The claim focused solely on mental health injuries, including post-traumatic stress disorder, with no physical harm alleged. The worker argued that management failed to protect her from a known threat and framed her lawsuit as a negligence claim. The trial court allowed the case to move forward. However, the appellate court reversed course, ruling that any remedy would need to come through Florida’s workers’ compensation system.

Mental Health Claims at Work Face High Legal Hurdles

Florida workers’ compensation law provides coverage for job-related injuries. While it generally addresses physical harm, it does allow claims based solely on psychological injury in minimal situations. The law requires either an accompanying physical injury or proof that the psychological harm resulted from a shock so extreme it would cause emotional damage to an average person.

Florida Workers’ Compensation and Attendant Care Disputes

Published on: March 23, 2025 | by Friedman Rodman Frank & Estrada, P.A.

Workers’ compensation laws in Florida provide injured employees with medical benefits, wage replacement, and necessary personal care when a work-related injury prevents them from performing daily tasks. However, disputes often arise when employers and insurance carriers challenge which services qualify for compensation. A recent Florida appellate ruling addressed whether a spouse’s care for an injured worker falls under attendant care benefits or constitutes routine household duties not covered under Florida law.

Court Overturns Attendant Care Award in Florida Workers’ Compensation Case

A Florida worker who suffered an injury filed for workers’ compensation benefits, including home modifications and attendant care services provided by a spouse. A judge awarded payment for 30 hours per week at the federal minimum wage, reasoning that certain tasks—such as carrying the injured worker upstairs and assisting with bathing—met the legal definition of attendant care under Florida law.

Who Can Be Held Responsible for a Fatal Workplace Accident?

Published on: February 5, 2025 | by Friedman Rodman Frank & Estrada, P.A.

A tree trimmer lost his life in a horrific accident in Ocean Ridge while working on his first day at a new job. Witnesses saw him get caught in a wood chipper, and by the time coworkers reached the machine, it was too late to stop the equipment. His family, living in Mexico, now faces the devastating loss of a loved one while authorities continue their investigation.

Accidents like this raise critical questions about responsibility. Employers must provide safe working conditions, but safety regulations are not consistently enforced in industries like landscaping, where seasonal workers are often hired. If the employer fails to follow proper safety protocols, the equipment malfunctions, or someone fails to act quickly, liability may extend beyond workers’ compensation benefits. Homeowners hiring landscaping services may also wonder whether they bear any responsibility when a worker is injured or killed on their property.

Safety Requirements for Seasonal and Temporary Workers

Florida Workers’ Compensation and the Statute of Limitations

Published on: January 30, 2025 | by Friedman Rodman Frank & Estrada, P.A.

Workers’ compensation benefits provide essential support for employees recovering from work-related injuries. These benefits often include ongoing medical care, especially for permanent conditions requiring long-term supervision. However, disputes can arise when employers or insurance carriers claim that the statute of limitations bars further benefits, cutting off an injured worker’s access to care. A recent Florida appellate court decision highlights this issue, emphasizing the importance of understanding how the statute of limitations operates in workers’ compensation cases and the role of tolling periods in preserving an injured worker’s rights.

The Role of the Statute of Limitations in Workers’ Compensation

Under Florida’s workers’ compensation laws, an employee generally has two years from the date of their injury—or the date they knew or should have known the injury was work-related—to file a petition for benefits (PFB). However, this timeframe can be extended when an employer or insurance carrier provides authorized medical care related to the injury. Each instance of authorized treatment restarts the tolling period, effectively giving the injured worker additional time to file a claim.

In the recent case, the employer and its servicing agent argued that the statute of limitations had expired, barring the injured worker from filing a PFB for further care. The worker, who had suffered a compensable injury requiring the removal of a kidney, had been receiving ongoing follow-up care from an authorized urologist for years. When the urologist stopped billing the servicing agent, the employer claimed the tolling period had ended, making the worker’s PFB time-barred. However, the appellate court disagreed, finding that the worker’s visits to the authorized urologist constituted furnished care, which extended the statute of limitations.

Understanding Your Rights After a Workers’ Compensation Denial in Florida

Published on: November 3, 2024 | by Friedman Rodman Frank & Estrada, P.A.

A recent Florida workers’ compensation case sheds light on the challenges injured workers face when seeking benefits for ongoing care. The case involved a cashier who suffered an electrical shock while plugging in a cash register at work. Although her initial injury was accepted as compensable, her employer and insurer later denied her claims for additional treatment, arguing that a preexisting genetic condition was the major contributing cause (MCC) of her medical needs. This case highlights the importance of understanding your rights and options when facing a denial in Florida’s workers’ compensation system.

Injured Worker’s Fight for Ongoing Care

The worker initially reached maximum medical improvement in 2020 after treatment for her workplace injury. However, in 2022, her symptoms worsened significantly, leading to issues such as balance problems, hand weakness, and bladder dysfunction. Further evaluation revealed a genetic condition, neurofibromatosis type I, which had caused tumors compressing her spinal cord. She underwent surgery to remove the most problematic tumor, but her doctor noted that additional tumors would require ongoing care.

Despite the severity of her symptoms and the connection to the initial work injury, her employer and insurer denied her claims for continued treatment. They argued that the genetic condition, not the work injury, was the MCC of her medical needs. The worker filed a petition for benefits to secure the necessary care, but the employer disputed her claim, relying on earlier medical opinions.

Florida’s Major Contributing Cause Standard

Under Florida Statutes § 440.09(1)(b), workers’ compensation benefits are only awarded if the workplace accident is the major contributing cause of the injury or need for treatment. This standard requires showing that the work injury is more than 50% responsible for the condition compared to any preexisting conditions.

Families Seeking Compensation After Fatal Construction Accidents in Florida

Published on: October 31, 2024 | by Friedman Rodman Frank & Estrada, P.A.

A tragic construction accident recently claimed the life of a worker in Miami Beach, underscoring the dangers faced by those in the construction industry. The incident, which occurred on a job site near Ocean Terrace, is being investigated as a potential traffic homicide, which may involve heavy machinery or road-related hazards. While the exact details of this accident remain under investigation, it raises important questions about the legal protections available to construction workers and their families when a fatal accident occurs on the job.

In Florida, construction workers are exposed to numerous daily risks, from falls and equipment malfunctions to vehicle collisions on or near construction sites. When these risks lead to injury or death, legal options are available to the worker or their surviving family members, including workers’ compensation benefits and, in some cases, wrongful death lawsuits. Understanding the distinctions between these legal options is essential for ensuring the family receives the full compensation they deserve.

The Role of Workers’ Compensation in Construction Accidents

Workers’ compensation is a no-fault system designed to provide financial assistance to employees who are injured or killed while on the job. In the event of a construction worker’s death, the worker’s surviving family members may be entitled to death benefits under Florida’s workers’ compensation laws. These benefits generally include coverage for funeral expenses and a percentage of the worker’s lost wages up to a certain limit. However, workers’ compensation is limited in scope—it does not provide compensation for non-economic damages such as pain and suffering or loss of companionship.

What Injured Workers Need to Know to Pursue a Workers’ Compensation Claim in Florida

Published on: July 21, 2024 | by Friedman Rodman Frank & Estrada, P.A.

Workers’ compensation insurance is a crucial safety net for employees in Florida who are injured on the job. It provides essential benefits, including coverage for medical expenses and compensation for lost wages, to help injured workers recover and get back on their feet. However, while this system is designed to support workers, it also represents a significant cost to employers, who often look for ways to minimize their payouts. Recently, a Florida court decision highlighted the ongoing struggle workers face in securing these benefits, as it denied continued benefits to an employee following an accident.

In Florida, workers’ compensation insurance is intended to provide comprehensive support to employees injured in the course of their employment. This includes coverage for immediate medical treatment, ongoing care, and financial compensation for lost wages. The goal is to ensure that injured workers do not bear the financial burden of their recovery. However, obtaining these benefits can be challenging. Employers and their insurance companies often scrutinize claims to avoid paying out benefits whenever possible. This was shown in a recent court ruling that reversed a decision granting continued benefits to an injured worker, illustrating the obstacles employees may face in accessing the support they need.

The case involved an employee who sustained injuries to her right hand and wrist when a door slammed shut at her workplace. Initially, the employer and their insurance carrier accepted the injury as compensable and provided benefits for several months, including pain management and physical therapy. The worker, experiencing persistent pain more than a year after the accident, sought further medical treatment. The Judge of Compensation Claims (JCC) initially ruled in favor of the worker, approving the continuation of her medical treatment. However, the employer appealed this decision, arguing that the injury no longer required additional care.