Florida Workers’ Compensation Case Process

1) Call the Florida Workers’ Compensation Attorneys at LaBovick, LaBovick, and Diaz

The First step of a Workers’ Compensation claim/case is to call the experienced Florida lawyers at LaBovick, LaBovick, and Diaz. Why? Prior to reporting your accident, it’s crucial to get advice concerning the detail you share with the company. We’re here to guide you on the road to recovery. Our Workers Compensation attorneys will explain why it’s necessary to direct the insurance adjuster to call our office. We’ll sit down and discuss the accident prior to reporting to highlight the key facts that need to be discussed with your employer.

At this point, we’ll have you sign a retainer agreement to ensure we represent you from day one of your accident!

2) Tell your Boss/Supervisor/Manager/Co-Worker

The second step of a Workers’ Compensation case is to tell your boss/supervisor/manager or a co-worker that you were injured. It’s essential to report the accident within 30 days of the injury, otherwise, you may lose the right to file a case. Be sure to ask your company to fill out an accident report to document the injury. That way, there’s a record of what happened, how it occurred, and what body parts were injured.

3)  Your Employer is required to Contact the Workers’ Compensation Insurance Company within 7 days

Your employer is required to contact their Workers’ Compensation Insurance carrier within 7 days of your accident. This call starts the process of referring you out to the physicians that will provide medical care for your injuries. Moreover, the Insurance Company must calculate and determine what lost wage benefits are due as well.

4) The Florida Workers’ Compensation Attorneys at LaBovick. LaBovick & Diaz will file our first Petition For Benefits

We file Petitions for Benefits to force the Workers’ Compensation insurance company to provide medical and lost wage benefits. Insurance Carriers are in the business of claim delay and claim denial. Without an attorney, the insurance company does NOT have a timetable within which to provide medical care or lost wage benefits.

5) Treat with your Doctors

Workers’ Compensation has the duty to provide you an initial treating doctor regardless of specialty. As soon as you/our office receives an appointment date, go and seek care with the physician the Workers’ Compensation carrier authorizes. It’s essential to attend each and every appointment. Failure to treat may end up in suspension of medical and lost wage benefits.

Send us any/all referrals you receive from your authorized physicians. We’ll file additional Petitions for Benefits to guarantee all treatment is expedited and authorized. Ultimately, we want you feeling as well as possible under the circumstances. We’ll fight for your treatment!

6) Lost Wage Benefits Entitlement Process

Florida Workers’ Compensation provides lost wage benefits. Generally, the insurance carrier will pay 66 2/3 of your average wage. However, insurance carriers delay and deny lost wage payments frequently. We’re here to fight this issue. We file Petitions for Benefits to request:

1) Lost wages

2) Increase in your wages

3) Increase in your average wage

4) Penalty and Interest for Late Payments


A 60 DAY CONFERENCE is an important tool LaBovick Law Group& Diaz utilizes to interact with our clients. During our 60 day conferences, we cover:

1) Medical treatment-Updates-What is needed at this point in time.

2) Lost Wage information-Has Insurance Company paid correctly

3) Deposition/Mediation Previews

4) Potential Settlement discussions

5) Questions/Concerns

8) Deposition

The next step involves a Deposition. You’ll only have one deposition throughout the lifetime of the case. A Workers’ Compensation Deposition is simply a question and answers session. We’ll be right by your side at the Deposition. The Deposition will most likely take place at our office, or at a Court Reporters’ building. Fear not, we’ll discuss the Deposition prior to it and explain the process. It’s an easy process that may last an hour or so. Our Florida attorneys will make it seem like a walk in the park. The Deposition will get us one step closer to Mediation.

9) Mediation

Mediation is the next logical step in the Workers Compensation process. Mediation is a great time to accomplish many goals. The first goal is to potentially settle/resolve the case if you decide settlement is your best option. A mediator is an independent party that is utilized to help both parties either negotiate a settlement or negotiate issue resolution. The purpose of Mediation is to:

  1. A) Potentially Settle a case and negotiate a settlement.
  2. B) Discuss any outstanding issues in a case and attempt to resolve those delays-Such as authorization of medical care, past due lost wage benefits, etc.

If a settlement is reached at Mediation, the case is over. If we resolve issues at Mediation, the medical care or lost wage benefits will be paid out/authorized the day of Mediation.


The last step INVOLVES either settlement document execution or potentially Trial/Final Hearing. Let’s address both issues below.

A) Settlement Documents/End of Case

  • The Insurance Carrier’s attorney will send us settlement documents if in fact, we settle the case at Mediation or outside of Mediation. Once the documents are signed by us and you, we’ll send them out to the Judge. Once the Judge approves we’ll receive the checks and the case will be dismissed!
  • You’ll finally be out of the Workers’ Compensation System!

B) Trial/Final Hearing

  • If we’re unable to resolve pending issues our aggressive Workers’ Compensation attorneys will potentially take your case to trial. It’s important to know that not every issue is created equally. Not every case that involves a denial will be taken to trial. We have a in-depth process where we coach our clients on the merits of taking a case to a Final Hearing.
  • However, we refuse to sell our clients out. We sit down evaluate and will decide as a team.

It is essential for employees who are injured on the job to have a Florida Workers Compensation Attorney review all of their documents prior to filing a Florida Workers Compensation lawsuit.. Our system is designed to do that seamlessly and effortlessly once we file your Workers Compensation lawsuit. We’ll make sure you receive all medical, lost wages, and rehabilitative benefits.

Our firm, LaBovick Law Group& Diaz has proven, time and time again, to spearhead the attack on insurance companies who mislead injured workers and act against their obligations on the Workers Compensation Law. We will not back down from a fight, even against a giant company like McDonald’s.

Give us a call.  We are available 24/7/365 for a call.  (561) 623-3681.

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