West Palm Beach Workers' Compensation Lawyer

A work injury does not just hurt. It threatens your paycheck, and Florida's system is built to move fast with or without you.

A West Palm Beach workers' compensation lawyer levels that fight. At Rosenthal, Levy, Simon & Sosa, we help injured workers get medical care and wage benefits, and we push back when the insurance company delays, lowballs, or denies a claim. We have served Palm Beach County workers since 1985, in English and Spanish, and you pay nothing unless we win benefits for you.

Workers' compensation, often shortened to "workers' comp," is a no-fault system. That means you can get benefits no matter who caused the injury. The tradeoff is a maze of rules that the insurer knows far better than you do.

Hurt on the job in West Palm Beach? Get a free case review before you sign anything from the insurance company. Call +1 (561) 478-2500. No fee unless we win.

What Does a Workers' Comp Lawyer Actually Do?

A workers' comp lawyer makes the insurance company follow the rules and pay what your claim is worth. Most people do fine on a simple claim. You need a West Palm Beach personal injury lawyer when benefits get denied, delayed, or cut off.

Here is where we step in most often:

• The insurer denies your claim or says the injury is not work-related.
• Your checks stop before you are healed.
• The authorized doctor clears you to work before you feel ready.
• You are pushed toward a settlement that does not cover your future care.

The first consultation is free, so it costs nothing to find out where your claim stands.

Who Qualifies for Workers' Comp in Florida?

Most Florida employees are covered from their first day on the job. If you are an employee and you got hurt doing your work, you likely qualify, no matter whose fault the accident was.

Coverage rules depend on the industry and the number of employees:

• Most non-construction businesses with four or more employees must carry coverage.
• In construction, coverage is required with even one employee.
• Independent contractors are often excluded, though some are misclassified and may still qualify.

If you are not sure whether you are covered, that is one of the first things we check for you.

What Injuries Does Florida Workers' Comp Cover?

Almost any injury that happens because of your job is covered, whether it happened in one moment or built up over years. The injury just has to arise out of your work.

Covered injuries generally include:

• Sudden accidents, like falls, burns, or getting hit by equipment.
• Repetitive stress injuries, such as carpal tunnel from repeated motions.
• Occupational illnesses from exposure to chemicals, dust, or fumes.
• Aggravation of an old injury, when work makes a prior condition worse.
• Psychological injuries in limited cases, when tied to a serious workplace event.

If a doctor connects your condition to your job, it usually belongs in a comp claim, even if the symptoms showed up slowly.

How Soon Do You Have to Report a Work Injury?

You have 30 days to report a work injury to your employer, and waiting is the fastest way to lose a valid claim. Report it in writing as soon as you can, even if the injury seems minor at first.

Keep these deadlines in mind:

• Report the injury to your employer within 30 days under Florida Statute 440.185. Late reporting is the top reason good claims get denied.
• Your employer then has 7 days to report it to their insurance carrier.
• If your benefits are denied or stopped, you have 2 years from the injury to file a formal claim, called a Petition for Benefits, under Florida Statute 440.19.

That clock keeps running while you treat and while you wait, so do not sit in denial.

Not sure if you reported your injury the right way? Call +1 (561) 478-2500 and we will review it for free.

Can You Pick Your Own Doctor?

Usually, no. In Florida, the insurance carrier chooses your authorized treating doctor, and going to your own doctor often means the bill is not covered. This surprises almost every injured worker.

You do have one important right. Under Florida Statute 440.13, you can ask in writing for a one-time change of physician. The carrier must offer a new doctor within five days, and if it misses that deadline, you get to pick the doctor and the carrier still has to pay.

The timing on this is strict and heavily fought over, so it is worth having a lawyer handle the request.

Why Do Good Claims Get Denied?

Most denials come down to a handful of predictable reasons, and many are fixable. The insurer is looking for any gap it can use to say no.

The reasons we see most often:

• Late reporting, missing the 30-day window to tell your employer.
• A dispute over whether the injury is truly work-related.
• Gaps in treatment, or missing a scheduled medical exam.
• A pre-existing condition the insurer blames instead of the work injury.

The insurer may also send you to its own doctor, called an Independent Medical Examination or IME, hoping for an opinion that weakens your claim. A denial is not the end. It is often the start of the fight we win.

What Benefits Can You Get?

Florida workers' comp pays for your medical care and part of your lost wages, but not for pain and suffering. The types of workers’ compensation benefits you receive depend on how badly you are hurt and how it affects your ability to work.

Benefit	What it pays for
Medical care	All authorized, necessary treatment for your work injury, at no cost to you
Temporary Total Disability (TTD)	About two-thirds of your average weekly wage while you cannot work at all
Temporary Partial Disability (TPD)	Part of your lost wages if you can work but earn less because of the injury
Permanent Impairment Benefits (PIB)	Payments based on a doctor's permanent impairment rating once you stop improving
Permanent Total Disability (PTD)	Ongoing wage benefits if you cannot return to any steady work

That point when your condition stabilizes and more treatment will not help much is called Maximum Medical Improvement, or MMI. Reaching MMI changes which benefits you receive, so it is a moment worth watching closely when considering what your workers’ compensation case is worth.

What If You Cannot Return to Your Old Job?

If your injury keeps you from going back to your old work, Florida workers' comp may pay for vocational rehabilitation. That is to help returning to work in a role you can handle.

This support can include:

• Job placement help and retraining.
• Education toward new skills.
• Guidance on work you can do safely within your restrictions.

Losing your old job to an injury is frightening, but it does not have to mean losing your income for good.

Injured at Walmart, UPS, or Target in West Palm Beach?

Yes, warehouse and retail workers are among the most common injured workers we represent in Palm Beach County. Big employers and their insurers handle claims by the thousands, and their goal is to close your file for as little as possible. If you need to file a workers’ compensation claim, having legal guidance can help protect your benefits and rights.

The injuries we see most from these jobs include:

• Back and shoulder injuries from lifting, stocking, and loading trucks.
• Repetitive strain, like carpal tunnel, from scanning, packing, or register work.
• Falls from wet floors, loading docks, and ladders.
• Crush and machine injuries in warehouses and distribution centers.

A recognizable employer name does not make the claim easier. It usually means a more organized effort to limit what you get.

Can You Sue Beyond Workers' Comp?

Sometimes, yes, and this is where real money is often missed. Workers' comp is usually the only claim you can bring against your employer under Florida Statute 440.11, which is why you generally cannot sue for workers' compensation to recover pain and suffering from your employer.

But if someone other than your employer helped cause your injury, you may have a second, separate claim against them:

• A negligent driver who hit you while you were working.
• A subcontractor or another company on a job site.
• The maker of a defective machine or tool.

Unlike workers' comp, that third-party claim can include pain and suffering. Finding it is one of the most valuable things a lawyer does on a work-injury case.

What Are Workers' Comp Settlements Worth?

There is no flat average, because a settlement reflects your specific future, not a formula. The biggest factors are your permanent impairment rating, the future medical care you will need, and how much your injury limits your earning power.

A few honest points about settlement value:

• A higher impairment rating and costly future care push the value up.
• Settling usually closes your claim for good, so the number has to cover what comes next.
• The insurer's first offer is almost always below what the claim is worth.

You can estimate your workers' comp settlement with our calculator, and see real average settlement amounts in Florida for context. Over four decades, our firm has recovered more than $500 million for injured Floridians.

Before you accept any settlement, let us tell you what your claim is really worth. Call +1 (561) 478-2500 for a free review.

How Long Will Your Claim Take?

It depends on whether the insurer fights you. A claim that is accepted and paid can move quickly, while a denied or disputed claim can take many months as it works through mediation and a hearing.

What tends to add time:

• A denial that has to be challenged before a judge.
• Waiting to reach MMI before the full value of the claim is clear.
• Fights over the right medical care or your impairment rating.

We cannot promise a date, but we can keep your claim moving and cut out needless delay.

Tired of waiting on the insurance company? Call +1 (561) 478-2500 and let us push your claim forward.

Why Do Injured Workers in West Palm Beach Choose Us?

Because we know the other side's playbook from the inside. Our workers' comp attorney spent years defending employers and insurance carriers before switching to represent injured workers, so he knows exactly how they cut costs on a claim.

A few more reasons injured workers trust us:

• We handle your case in English or Spanish, from the first call to the last check.
• We know the local doctors, adjusters, and the judges who hear these cases.
• We work on contingency, so you owe no fee unless we win benefits.

We also cover the Treasure Coast, so if you were hurt up north, see how we handle workers' comp claims in Port St. Lucie.

About Nicholas A. Latour

Nicholas A. Latour is a workers' compensation attorney at the firm and a first-generation American with Cuban roots. He began his career as a biology teacher in South Florida, then became a prosecutor with the State Attorney's Office, where he tried many cases.

He spent the next decade as defense counsel for some of the largest employers and insurance carriers in Florida. After watching how hard those companies work to limit claims, he switched sides to fight for injured workers. He earned his law degree from Barry University and his undergraduate degree from Florida International University, and he is recognized by Best Lawyers.

West Palm Beach Workers' Comp FAQ

Talk to a West Palm Beach Workers' Compensation Lawyer

A denial or a stopped check is not the end of your claim. It is usually the point where having someone on your side changes the outcome. Let us take the insurance company off your hands and pursue the medical care and wages you are owed.

Call +1 (561) 478-2500 or visit our West Palm Beach office at 1401 Forum Way, Suite 730. We also serve Port St. Lucie and work with clients in English and Spanish. No fee unless we win.