Office of Judges of Compensation Claims (OJCC)

OFFICE OF THE JUDGES OF COMPENSATION CLAIMS (OJCC)

Division of Administrative Hearings, Office of Judges of Compensation Claims for Workers’ Compensation (OJCC)

How to File a Claim with the Florida Division of Worker’s Compensation

In Florida if you suffer a workplace accident and injury, you can file a claim for workers compensation benefits. The Florida Workers' Compensation system is supposed to be self-executing. However, pursuing denied benefits can be complicated. Workers’ compensation benefits are defined mainly in Florida Statutes, Chapter 440.

Most employers are required to purchase workers' compensation insurance from an insurance carrier. The employer/carrier (E/C) is to provide medical and lost wage benefits to the injured worker. If your employer has not done so, in order to report the accident and injury, you should file a First Report of Injury. This begins the process and notifies the Division of Workers Compensation.

You will also need to notify the employer’s workers compensation carrier. Once the employer/carrier is on notice, you may file a Petition for Benefits (PFB) seeking the benefits you are legally entitled to under Florida’s workman’s compensation law. Although it is possible to seek benefits on your own, we recommend hiring an experienced workers’ compensation lawyer.

About the State of Florida, Division of Administrative Hearings, Office of Judges of Compensation Claims for Workers’ Compensation (OJCC)

The OJCC is responsible for overseeing disputes regarding workers’ compensation benefits. They are part of the Division of Administrative Hearings (DOAH). The OJCC has eleven District Offices throughout Florida. Several Judges of Compensation Claims (JCC) work in each district office and cases are randomly assigned to the JCCs. The JCC role is to decide disputes between the employee and the employer/carrier. Judges of Compensation Claims are appointed by the Governor after being recommended by the Statewide Judicial Nominating Committee. They serve for four years and can be re-appointed. The Division of Workers' Compensation (DWC) is part of the Florida Department of Financial Services (DFS) and regulates the workers compensation system. The Employee Assistance Office (EAO) is part of the DWC and will assist injured workers by educating and informing them of their rights and responsibilities as an injured worker. However, it’s usually not enough for an injured worker to contact the EAO to petition the employer/carrier for benefits. The EAO employees are not attorneys and they cannot represent injured workers. Therefore, we recommend hiring a work comp attorney that will fight for your benefits.

The Florida DWC’s Publication of Injured Worker Rights

The Florida DWC has also published an Employee Facts brochure. It provide information such as: Employee Assistance Office and the services they provide to help educate you about your rights and responsibilities under the workers’ compensation law, and help prevent and resolve disputes between injured workers, employers and carriers. They also provide information regarding the Statute of Limitations in a workers’ compensation case and deadlines to report your work injury or illness. The DWC brochure warns about fraud and misrepresentation and explains an injured worker’s rights to medical treatment and lost wages.

This includes information re: authorized medical treatment, an authorized physician, a one-time change physician, medically necessary care and treatment related to your injury or illness, doctor visits, hospitalization, prostheses, physical therapy, diagnostic testing, prescription drugs, choice of pharmacy, travel expenses to and from authorized medical treatment, maximum medical improvement (MMI), $10 co-pays after reaching MMI, independent medical examinations (IME), temporary partial disability benefits if you are disabled and unable to work and earn at least 80% of your average pre-accident wages, temporary total disability of two-thirds (2/3%) of your average weekly wage (AWW) if you are on a no work status, impairment benefits if you were assigned a permanent impairment rating, expressed as a percentage of disability to the body as a whole, reemployment and retraining benefits, permanent total disability benefits if you are unable to perform at least sedentary employment after reaching MMI and the accident and injury, death benefits for deaths resulting from workplace accidents that include payment of funeral expenses up to $7,500 and dependency benefits (subject to limits defined by Florida workers’ compensation law).

While this information is helpful, it is overwhelming and complex and is just one of many reasons why it is important for injured workers to seek help from an experienced workman’s comp attorney when dealing with an on the job accident.

Hiring an Attorney for Your Work Accident Claim

We’ve just barely touched upon the work comp benefits an injured worker is entitled to. If you’ve had a work accident, it’s a good idea for an employee who has suffered a workplace injury or work accident to seek the services of a board certified workers compensation lawyer. A workers compensation lawyer can navigate the claim process, meet the required deadlines, and present evidence to secure you benefits. This is a very complicated area of the law and although it’s easy for our law firm, since we’ve been helping injured workers since 1978, it’s difficult for someone who does not have our experience or for an injured worker that has just had a work injury.

If your benefits are denied by the employer/carrier, you don’t want to pursue benefits in the Division of Workers’ Compensation without an experienced work comp lawyer. A workers comp lawyer in West Palm Beach Florida at Vassallo, Bilotta and Davis will represent you and pursue benefits for you throughout the entire process and all the way to a final Merit Hearing. Our workers’ compensation attorneys have achieved great success in representing our clients. We are not afraid to take your case to trial in front of the JCC and will fight for the benefits you’re entitled to.

Our attorneys will litigate your workers’ compensation claim, secure discovery and present evidence to the Judge of Compensation Claims in order to obtain the benefits you deserve. At our law firm, our expert work comp attorneys have decades of experience in the workers’ compensation law and will fight for the injured worker. We are work comp experts at Vassallo, Bilotta and Davis.

Do I Need a Lawyer to Negotiate a Settlement of My Claim?

Settlement of a workers’ compensation case is optional. However, at some point during your work comp case, the parties might attempt to washout or settle the claim. This is referred to as a lump sum settlement or lump sum payment in exchange for closing your claim. Having a workers compensation attorney assist you or present during any negotiations with the employer/carrier will help ensure that you receive a fair settlement and compensation for your injuries. Insurance companies like to save money and are in business to make a profit. Your accident and injuries deserve fair compensation and a work comp attorney will make sure to fight for a fair settlement and answer any questions you may have regarding future compensation and medical benefits.

Do Self-Insured Employers have to provide the same work comp benefits as Insurance Carriers?

If you have suffered a work injury at a self-insured employer, you are entitled to the same workers’ compensation benefits as a “typical” insurance carrier. A self-insured employer must provide the same benefits to the injured worker as the law requires an insurance carrier to provide to the injured employee. One difference that we see is that a self-insured employer will typically try to negotiate a smaller settlement. However, the workers comp lawyers at Vassallo, Bilotta and Davis have years of experience with self-insured employers and do not care whether the employer is self-insured. The value of a case does not change simply based on the employer’s self-insurance status. Our attorneys will fight to get the injured worker all of the benefits they are entitled to and the largest settlement possible.

Uninsured Employers, No Coverage

Uninsured employers or those with no coverage can still be required to provide workers’ compensation benefits. These employers have failed to comply with the laws requiring workers’ compensation insurance to be secured. The employers are at risk for negligence claims and may not be protected by workers’ compensation immunity. Some of the more severe injuries occur in the landscaping and construction industry. If your employer is uninsured, we recommend you immediately contact an experienced work comp lawyer.

FAQs: Filing for Workers’ Compensation Benefits

How Do I File a Workers’ Compensation Claim?

If you have been injured on the job and you are eligible for workers’ compensation benefits, you can file a claim with the Florida DWC online. However, the easiest thing to do is contact a board certified workers
compensation attorney to assist you. Work comp attorneys work on contingency. This means they do not get paid unless they secure you a benefit. If the attorney files a claim and secures you a benefit, then the employer/carrier or work comp insurance company will pay your lawyer’s fees. You will never pay
for a work comp attorney out of your pocket. The only time you will pay your attorney is if you settle your entire case. Then, the attorney will receive a percentage of the settlement proceeds. There is never any out of pocket payments. We do not recommend that you try to handle your workers’ compensation claim on your own.

Should I Hire a Lawyer to Represent Me in My Workers’ Compensation Claim?

Yes. The law is complex and it is difficult to know all aspects of the law. If you would like to best chances of a successful workers’ compensation claim, we recommend that most injured workers hire a lawyer to represent them. If you are entitled to benefits, the best chance you have a securing those benefits is
through a board certified workers’ compensation lawyer. A work comp lawyer will help file your claim
correctly, monitor your authorized medical treatment and seek the treatment requested, and enforce and calculate your payments correctly. Your lawyer will also be able to determine if you are entitled to an additional financial recovery outside of workers’ compensation with a possible personal
injury claim.

Do I Have to Pay for a Lawyer to Represent Me?

Our firm handles workers’ compensation matters on a contingency fee basis. This means that we only get paid if we secure you a benefit. Often the insurance company will pay our fees on your behalf. The only time you will “pay” us a fee is if you settle your case. Then, we will be entitled to a percentage of the total settlement amount. You will know and agree to the amount of the fee before agreeing to any settlement amount. Since settlement in work comp is optional, you may never pay us a fee since you may never settle your case. Our fees paid by you will only be paid at the time of a voluntary settlement and you will not have to pay anything out of pocket for your legal representation. In our experience, the injured worker is likely to settle for more than the percentage of our fee so you are likely to walk away with more money in your pocket after a settlement with an experienced lawyer representing you and fighting for as much money as possible.

Can I Obtain a Lump-Sum Workers’ Compensation Settlement?

Yes. Although settlement is optional and voluntary in workers’ compensation cases, most cases settle. If you are interested in receiving a lump-sum payment, you should discuss your options with an experienced workers’ compensation attorney. The right time to settle your work comp case is different for everyone. If you have an interest in settlement, call us. If you are still seeking medical treatment on a regular basis but may want to settle your case, call us. At the law offices of Vassallo, Bilotta and Davis, we’re here to help. We’re a family run law firm since 1978. We fight for our clients and have a winning record. Contact us for a free consultation.

Contact a West Palm Beach Workers’ Compensation Attorney at Vassallo, Bilotta and Davis

At Vassallo, Bilotta and Davis Law Firm, we help injured workers get the benefits they deserve. If you have questions about or need assistance securing the work comp benefits that you are entitled to, we can help. We’ve been helping injured workers since 1978. To schedule a free consultation, call us at 561-471-2800 or contact us online to discuss your case with an experienced West Palm Beach workers’ compensation lawyer today.