Florida Workers’ Compensation Lawyer
How Florida Workers’ Compensation Works
Florida’s workers’ compensation system is governed by Chapter 440 of the Florida Statutes. Most Florida employers with four or more employees are required to carry workers’ compensation insurance, and many smaller employers carry it voluntarily. Construction employers must carry coverage starting with one employee.
Workers’ compensation is a no-fault system. That means an injured worker is generally entitled to benefits even if the worker was partly at fault for the accident, and the worker does not have to prove the employer was negligent. In return, workers’ compensation is the worker’s exclusive remedy against the employer in most cases. That is the trade-off Florida law imposes: faster, no-fault benefits in exchange for giving up the right to sue the employer for pain and suffering, full lost wages, and other damages available in a typical personal injury case.
Understanding Workers’ Compensation Claims in Florida
Workers’ compensation claims in Florida arise when an employee is injured or becomes ill as a direct result of their job duties. The system is supported by workers’ compensation insurance in Florida, which is designed to provide essential benefits such as medical treatment, partial wage replacement, and recovery support.
However, many injured workers find that obtaining these benefits is not always straightforward. Claims are often delayed, undervalued, or denied altogether by insurance companies seeking to limit payouts. Because of this, navigating the process can be complex and overwhelming without proper legal support, making it important for injured workers to fully understand their rights and the benefits available under state law.
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Benefits Available Under Florida Workers’ Compensation
Injured workers in Florida are generally eligible for several categories of benefits:
- Medical benefits. Authorized medical care, including doctor visits, hospitalization, surgery, physical therapy, prescription medication, and prosthetics, all provided through the carrier’s authorized network at no cost to the worker.
- Temporary total disability (TTD). Wage replacement benefits, generally two-thirds of the worker’s average weekly wage, for periods when the worker cannot work at all.
- Temporary partial disability (TPD). Reduced wage replacement when the worker can do some work, but at lower earnings.
- Permanent impairment benefits (IBs). Benefits are paid based on the impairment rating assigned at maximum medical improvement.
- Permanent total disability (PTD). Long-term benefits for workers who cannot return to any gainful employment.
- Death benefits. Benefits paid to surviving family members when a worker dies as a result of a work-related injury or illness, including funeral expenses and a portion of the deceased worker’s wages.
The benefits are real, but they are usually less than what a personal injury claim would deliver in a comparable case. There are no benefits for pain and suffering, no full lost wages, and no punitive damages.
What to Do Right Away After a Workplace Injury
The early days after a workplace injury matter, both for medical reasons and for protecting your right to benefits.
- Report the injury to your employer in writing within 30 days under Florida Statute Section 440.185. Verbal notice is not enough in many cases. A short written notice, by email or on a company form, with the date, the body parts affected, and a brief description of how the injury happened, creates a record.
- Get medical care through the authorized provider. Florida law generally requires injured workers to use the medical provider authorized by the workers’ compensation carrier. Going to your own doctor outside of an emergency can leave you on the hook for the bill.
- Document the scene if you can, including photographs of any equipment, the area where the injury happened, and any visible injuries.
- Get the names of any witnesses before they leave or change jobs.
- Do not give a recorded statement to the workers’ compensation insurance carrier without legal advice. Adjusters often call early, sound friendly, and use what is said to limit benefits.
- Keep copies of everything, including pay stubs, medical records, and correspondence with the carrier and your employer.
- Talk to a Florida workers’ compensation lawyer as soon as the carrier disputes any part of your claim or you have any questions about how the process is going.
How Tarnovsky Lopez Helps Injured Florida Workers
Our office handles workers’ compensation cases differently from many firms because we are willing to look at the bigger picture, not just the workers’ comp file.
When a new client comes to us with a workplace injury, the first question we ask is who else might be liable. The answer often points to a third-party PI case sitting next to the workers’ comp claim, and that case is frequently worth substantially more. We coordinate the two cases together so the carrier’s lien is handled efficiently, the medical record supports both cases, and the recovery is maximized.
On the workers’ comp side, we push back on denied claims, fight inappropriate IMEs, dispute incorrect average weekly wage calculations, file Petitions for Benefits when the carrier refuses to authorize treatment, and litigate the case before the Judges of Compensation Claims when necessary.
Both of our founding partners came to plaintiff work after years on the insurance defense side. We know how carriers value, defend, and limit these claims, and we use that knowledge to push for what our clients are entitled to.
Russian, Spanish, and Greek language services are available in our office, which matters in Florida workplaces where injured workers often face the additional barrier of communicating with adjusters and authorized providers in a second language.
Our Lawyers Provide Personalized Attention & Powerful Advocacy
Alex Lopez, Esq
Partner & Attorney at Law
Irina Tarnovsky, Esq
Partner & Attorney at Law
Harry Kaklamanakis, Esq
Associate Attorney at Law
Alex Lopez, Esq
Partner & Attorney at Law
Alex Lopez, Esq is a skilled civil litigator specializing in handling property insurance claims throughout the state of Florida. After graduating law school, he spent 3 years working at one of the top civil litigation law firms in the country. As a former attorney who represented and defended some of the largest insurance companies in the state, Alex Lopez, Esq., was able to gain inside knowledge as to the ins and outs of litigating insurance claims. He now dedicates a 100 percent of his practice to helping homeowners and business owners recover adequate compensation under their insurance policies.
Irina Tarnovsky, Esq
Partner & Attorney at Law
Irina Tarnovsky, Esq is a skilled civil litigator specializing in handling property insurance claims throughout the state of Florida. She gained extensive trial experience as an Assistant State Attorney at the Broward County State Attorney’s Office prosecuting crimes from Misdemeanors to violent Felonies with over 30 cases brought to verdict. As a former attorney who represented and defended major insurance companies and a partner at her last firm, Irina Tarnovsky, Esq. was able to gain inside knowledge as to the ins and outs of litigating insurance claims. She now dedicates a 100 percent of her practice to helping homeowners and business owners recover adequate compensation under their insurance policies.
Harry Kaklamanakis, Esq
Associate Attorney at Law
As a dedicated trial lawyer specializing in personal injury and first-party property cases, Harry Kaklamanakis Esq is passionate about advocating for those who have been wronged. His journey to the courtroom is deeply rooted in his heritage as a first-generation American, raised by a Greek father and a Greek-Bahamian mother. Growing up in a family of small business owners, he learned invaluable lessons about the power of hard work, and the importance of unwavering commitment to customer service. Harry’s Greek American heritage instilled in him a fervent sense of purpose and a belief in the principles of fairness and integrity. These values fuel his passion for the law and drive his relentless pursuit of justice for his clients. Harry began his legal career as a Public Defender in Palm Beach County, where he had the privilege of defending the rights of some of the most vulnerable members in his community. This experience reinforced his commitment to justice and deepened his understanding of the critical importance of protecting individual rights. It is also where he began to develop and hone his skills in the courtroom. After his tenure at the public defender’s office, Harry transitioned into civil litigation. For two and a half years, Harry served as lead trial counsel for the largest private property insurance company in Florida. During this time, he gained invaluable insight into the inner workings of the insurance industry, which has proven beneficial when representing his clients. Harry has spent thousands of hours in Florida courtrooms, skillfully advocating for his clients and navigating complex legal landscapes. To date, he holds over 32 jury trial verdicts, with the overwhelming majority favoring his clients. Each case he takes on is approached with the utmost dedication and strategic foresight, ensuring that his clients receive the justice, and compensation, they deserve. Harry’s commitment to excellence and his unwavering belief in doing what is right continue to guide him as he fights for his clients’ interests.
Serving the State of Florida.
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Our clients are at the heart of everything we do. Whether it’s helping property owners recover after property damage or advocating for justice after a personal injury, we take pride in delivering meaningful results. Read what clients across Florida are saying about their experience with Tarnovsky-Lopez Law.
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Frequently Asked Questions About Workers’ Compensation Attorneys in Florida
Can I sue my employer for my workplace injury in Florida?
In most cases, no. Florida workers’ compensation is the exclusive remedy against the employer for work-related injuries. There are narrow exceptions, including intentional torts and certain situations where the employer failed to carry required workers’ compensation coverage. Most workers’ comp clients also have a potential third-party personal injury case against someone other than the employer, and that is where additional recovery often comes from.
My boss told me workers’ comp does not cover my injury. Should I just take their word for it?
No. Eligibility decisions are made by the carrier, not by the employer, and carrier decisions can be challenged. Many denied claims can be reversed with the right documentation and a properly filed Petition for Benefits. If your employer is telling you the injury is not covered, that is a sign you should call a lawyer.
Do I have to use the doctor the workers’ comp carrier picked for me?
In most non-emergency cases, yes. Florida law generally requires injured workers to use the authorized provider. There are situations in which a worker can request a one-time change of physician under Florida Statute Section 440.13(2)(f), and other situations in which an Independent Medical Examination is appropriate. The rules are technical, and a lawyer can help.
How long do I have to file my workers’ comp claim?
The basic framework under Florida Statute Section 440.19 is two years from the date you knew or should have known the injury was work-related, with each provision of authorized medical treatment or indemnity benefits tolling the deadline by one year. A March 2026 decision from the First DCA changed how the tolling provision is applied, in many cases extending the available time. The deadlines are technical and consequential. Talk to a lawyer rather than trying to calculate them on your own.
I was hurt at work by someone who does not work for my employer. What can I do?
You may have both a workers’ compensation claim through your employer’s carrier and a separate personal injury claim against the third party. The third-party case can recover damages workers’ comp does not, including pain and suffering and full lost wages. We handle these cases together so they support each other.
How much does it cost to hire a Florida workers’ compensation lawyer?
For workers’ compensation claims, attorney fees are governed by Florida Statute Section 440.34 and are paid by the carrier in many situations rather than out of the worker’s benefits. For third-party personal injury cases, we work on a contingency fee basis with no upfront costs and no fees unless we recover for you. We discuss the fee structure in detail at the free case review.
Talk to a Florida Workers’ Compensation Lawyer
The workers’ compensation system in Florida is technical, and the carriers know it. They have lawyers, doctors, and adjusters working their side of the file from the day the claim is reported. You should have someone working on your case, especially if there is a denied claim, a cut-off benefit, a third-party at fault for your injury, or any uncertainty about your deadlines.
Tarnovsky Lopez Law represents injured workers across Florida, with offices in Boca Raton and Pensacola and a presence in Melbourne. Russian, Spanish, and Greek language services are available.
Call 561-368-2755 or request a free case review. Workers’ compensation claims often involve no out-of-pocket cost to the worker. Third-party personal injury claims are handled on a contingency fee basis, with no upfront costs and no fee unless we recover for you.