Law Offices Of David M. Benenfeld, P.A.

What Makes The Law Offices of David Benenfeld Unique?

We understand that every person is different, and every case is different. We don’t take a cookie-cutter approach to our practice but instead handle each case individually. We take the time to learn about the facts of the case, the defendant’s liability, and your specific needs for medical care, income replacement, emotional support, and more. We get to know our clients and treat them like family. As a client of The Law Offices of David Benenfeld, you’ll find us there for yo...

What should I do immediately after a workplace injury in Fort Lauderdale?

Report your injury to your employer as soon as possible, ideally in writing. Under Florida law, you must report a workplace injury within 30 days to preserve your right to workers’ compensation benefits. Seek medical attention right away, even if your injury seems minor. Document everything, including photos of the scene and witness contact information. An experienced work injury attorney at the Law Offices of David M. Benenfeld, P.A. can guide you through the process from day one.

How long do I have to file a workers’ compensation claim in Florida?

In Florida, you generally have two years from the date of your workplace injury or the date you last received authorized medical treatment to file a Petition for Benefits. However, you should report your injury to your employer within 30 days. Waiting too long can jeopardize your claim, so contacting a Fort Lauderdale workers’ comp lawyer as early as possible is in your best interest.

What types of benefits can I receive through Florida workers’ compensation?

Florida workers’ compensation may cover medical treatment related to your injury, temporary wage replacement benefits if you cannot work, permanent impairment benefits if you suffer lasting effects, vocational rehabilitation to help you return to work, and death benefits for surviving family members in fatal workplace accidents. David M. Benenfeld can help you pursue every benefit you are entitled to under the law.

Do I get to choose my own doctor for a workers’ comp injury?

In most cases, your employer or their insurance carrier has the right to select your authorized treating physician under Florida’s workers’ compensation system. However, you may be entitled to request a one-time change of physician if you are unhappy with the care you are receiving. A knowledgeable workers’ comp attorney can help you navigate the process of getting appropriate medical treatment.

Can I be fired for filing a workers’ compensation claim in Florida?

Florida law prohibits employers from retaliating against employees who file workers’ compensation claims. If you have been terminated, demoted, or otherwise penalized for reporting a workplace injury or seeking benefits, you may have a separate retaliation claim. The Law Offices of David M. Benenfeld, P.A. can help protect your rights if your employer has acted unlawfully.

What if my workers’ compensation claim is denied?

A denied claim does not mean your case is over. Insurance companies deny claims for many reasons, including disputes over whether the injury is work-related or whether the treatment is medically necessary. You have the right to challenge a denial by filing a Petition for Benefits with the Florida Office of the Judges of Compensation Claims. Having a Fort Lauderdale workers’ comp lawyer on your side significantly improves your chances of a successful outcome.

Can I sue my employer for a workplace injury in Florida?

In most situations, workers’ compensation is the exclusive remedy for workplace injuries in Florida, meaning you cannot sue your employer directly. However, there are exceptions. If a third party, such as a contractor, equipment manufacturer, or property owner, contributed to your injury, you may be able to file a personal injury lawsuit against that party. David M. Benenfeld can evaluate your case and determine whether additional legal claims are available to you.