Worker’s Compensation
The firm of Templer & Hirsch is devoted to representing clients injured in work accidents.
Worker Compensation cases are part of our practice’s specialty.
Our expertise allows us to do the best job possible for you!
Worker’s Compensation is a type of insurance that provides financial and medical benefits to employees who are injured on the job or suffer from an occupational-related illness.
An example of this is working in a night club in Miami, you have hearing loss. When you go to the doctor for it, since it is a work related injury you can get compensation from it!
It is a no-fault system, which means that an employee does not have to prove that their employer was negligent in order for them to receive benefits.
Instead, the employee simply needs to show that their injury or illness was related to their job.
In most states such as Florida, employers are required to carry Worker’s Compensation insurance for their employees, and employees are typically eligible for benefits regardless of who was at fault for the injury or illness.
These benefits can include payment for medical expenses, lost wages, and rehabilitation costs.
Worker’s Compensation is designed to help employees get back to work as soon as possible by providing benefits to employees.
In some cases, this may involve providing medical treatment and rehabilitation to help the employee recover from their injury or illness.
In other cases, it may involve providing vocational training or other assistance to help the employee find a new job if they are unable to return to their previous occupation.
If you have been injured on the job or are suffering from an occupational illness, it is important to report the injury or illness to your employer as soon as possible and to seek medical treatment.
You should also be sure to follow all of the rules and procedures for filing a Worker’s Compensation claim in your state.
If you have any questions or concerns about your rights or benefits under Worker’s Compensation, you should call us at Templer & Hirsch.
Templer & Hirsch has handled thousands upon thousands of injury claims, over their 35 years in practice.
Templer & Hirsch can help you too.
You are invited to call us for a Free Consultation.
Florida Workers’ Compensation Law — What Injured Workers Should Know
Florida workers’ compensation is governed entirely by Chapter 440 of the Florida Statutes — a separate, employer-funded system designed to pay medical bills and partial wages without proving fault. The trade-off is strict procedural rules and limited types of recovery.
The 30-Day Reporting Rule
Under Fla. Stat. §440.185, you must report a work injury to your employer within 30 days. Late notice is the most common reason valid claims are denied. Once you report, the employer must file a First Report of Injury with the carrier within seven days.
Benefits You’re Entitled To
Florida workers’ comp provides authorized medical care, two-thirds of your average weekly wage as temporary disability benefits (up to the state-set weekly maximum), permanent impairment benefits, and vocational rehabilitation if you can’t return to your prior job. It does not provide pain and suffering damages.
Authorized Treating Physician
The insurance carrier chooses your treating doctor under Fla. Stat. §440.13. You are entitled to one one-time change of physician on written request. Going outside the authorized provider list almost always means paying out of pocket.
Exclusive Remedy — and Third-Party Claims
Workers’ comp is the exclusive remedy against your employer under §440.11, meaning you generally cannot sue. However, if a third party caused or contributed to your injury — another driver, a subcontractor, equipment manufacturer — you can pursue a separate personal injury claim outside the comp system, including pain and suffering. Identifying these third-party angles is one of the most valuable things an attorney does.
Filing a Petition for Benefits
If your claim is denied or benefits are cut off, you have two years from the date of injury (or one year from the last benefit payment) to file a Petition for Benefits with the Office of the Judges of Compensation Claims. We handle these proceedings every week.
Common Workplace Injuries We Handle
Florida workers’ comp covers virtually any injury arising out of and in the course of employment. We’ve handled cases involving:
- Falls from heights — ladders, scaffolding, rooftops, especially on construction sites.
- Slip-and-fall on wet or oily floors in restaurants, hospitals, warehouses, and retail.
- Lifting and overexertion injuries — herniated discs, rotator cuff tears, hernias.
- Repetitive stress injuries — carpal tunnel, tendinitis, back strain from production-line or office work.
- Vehicle and equipment accidents while driving for work, operating forklifts, machinery, or heavy equipment.
- Falling objects and crush injuries in warehouses, ports, and construction.
- Burns, electrocution, and chemical exposure in industrial settings.
- Occupational diseases developed over time — respiratory illness, hearing loss, dermatitis.
Each injury has its own evidence trail and medical documentation. We coordinate with treating physicians and authorized providers to build the strongest record before disputes arise.
Meet the Attorneys Who Will Handle Your Case
Templer & Hirsch has represented injured Floridians for over 35 years and recovered more than $100 million for clients. When you call, you talk to an attorney — not a case manager.
- David L. Templer — Founding partner with decades of experience in workers’ comp, longshore, and personal injury.
- Mark Hirsch — Partner focused on workers’ comp and serious injury claims; known for hands-on client communication.
Frequently Asked Questions
How long do I have to report a work injury in Florida?
30 days from the date of injury under Fla. Stat. §440.185. Late reporting is the most common reason valid claims are denied. Tell your supervisor in writing as soon as you can.
What benefits am I entitled to?
Authorized medical care, two-thirds of your average weekly wage in temporary disability benefits (subject to a state-set max), permanent impairment benefits, and vocational rehabilitation. No pain and suffering.
Can I see my own doctor?
Usually no — the carrier chooses your authorized treating physician under §440.13. You can request one one-time change of doctor in writing.
Can I sue my employer?
Almost never — workers’ comp is the exclusive remedy under §440.11. But you can often sue a negligent third party (another driver, subcontractor, equipment maker) for full damages including pain and suffering.
What if my claim is denied?
File a Petition for Benefits within two years of the injury (or one year of the last payment) with the Office of the Judges of Compensation Claims. Denials are common — an experienced attorney can fight them.
How much does a workers’ comp lawyer cost?
Fees are regulated by statute and typically paid from recovered benefits or by the carrier in denied cases. You pay nothing upfront and nothing unless we recover for you.
If you or a loved one has been injured, the most important step you can take is to speak with an experienced attorney as soon as possible. Call Templer & Hirsch today for a free, confidential consultation — we are ready to help.
