If you’ve been injured on the job in Miami or anywhere in Florida, you’re probably wondering: How long will my workers’ compensation claim take? The answer depends on several factors, including the complexity of your case, the responsiveness of your employer and their insurance company, and whether any disputes arise. At Tijerino Law Group, we help injured workers navigate the Florida workers’ comp system and ensure they receive benefits as quickly as possible. Here’s what you need to know about the workers’ compensation timeline in Florida.
Step 1: Reporting the Work Injury (0-30 Days)
The first step in the workers’ compensation process is reporting your injury to your employer. Florida law requires injured workers to report the accident within 30 days. Failing to do so may result in a denied claim. To avoid delays, notify your employer as soon as possible and keep a record of your report.
Step 2: Employer Notifies the Insurance Company (Within 7 Days)
Once you report your injury, your employer must notify their workers’ compensation insurance carrier within 7 days. The insurance company will then send you an informational packet detailing your rights, benefits, and the claims process.
Step 3: Claim Processing and Initial Decision (14-21 Days)
The insurance company will investigate your claim and must either approve or deny benefits within 14 days after being notified of the injury. If your claim is approved, you should start receiving wage loss benefits and coverage for medical treatment. If the insurer needs more time, they may extend their investigation to 21 days.
✅ If your claim is approved, you will begin receiving medical treatment and temporary disability benefits if you’re unable to work.
❌ If your claim is denied, you have the right to challenge the decision by filing a Petition for Benefits.
Step 4: Receiving Workers’ Comp Benefits (Ongoing for Up to 104 Weeks)
If your claim is accepted, you will continue receiving benefits as long as:
- You are unable to return to work.
- Your doctor determines you need further medical treatment.
- You have not reached Maximum Medical Improvement (MMI).
Florida law allows injured workers to receive temporary disability benefits for up to 104 weeks (two years) or until you reach MMI, at which point your doctor will determine if you qualify for permanent disability benefits.
Step 5: Workers’ Comp Settlement (Varies – 6 Months to 2 Years)
Some workers prefer to settle their claim rather than continue receiving benefits over time. Settlements can take anywhere from a few months to over a year, depending on:
- The severity of your injury
- Whether the insurance company disputes your claim
- Whether you hire a workers’ compensation attorney to negotiate for a higher settlement
Settlements can provide a lump sum payment, but once you accept a settlement, you waive your right to future benefits. Always consult with an experienced workers’ compensation lawyer in Miami before agreeing to a settlement.
What If My Workers’ Comp Claim Is Delayed or Denied?
If your employer or their insurance company delays your claim or denies benefits, you can take legal action by filing a Petition for Benefits with the Florida Office of the Judges of Compensation Claims (OJCC).
- Most disputes are resolved within 90 days, but if a formal hearing is required, it can take 6 months to a year to get a final decision.
Speed Up Your Workers’ Comp Claim with an Experienced Attorney
Many factors can slow down a workers’ compensation claim in Florida, but having the right legal representation can help you get the benefits you deserve faster.
At Tijerino Law Group, we help injured workers in Miami and across Florida file claims, appeal denials, and negotiate settlements. If your claim is stuck in limbo, let us fight for you.
📞 Call us today at 305-978-5370 for a free consultation!
🔗 Visit www.tijerinolegal.com to speak with an experienced Miami workers’ compensation attorney.