Workers’ Compensation Claims in Sunrise: Your 2025 Guide to Benefits and Rights

If you’ve been injured at work in Sunrise, the Florida workers’ compensation system is designed to provide medical care and replace a portion of your lost wages. The process is governed by strict rules and deadlines that have seen changes for 2025. You must, for instance, report your injury to your employer within 30 days to protect your rights, and the maximum weekly benefit has increased.

The system can feel like a series of locked doors, especially when you’re trying to heal. You may be worried about how to get the right medical treatment, what happens if your claim is denied, or whether you can be let go for filing. These are valid concerns when your health and financial stability are on the line.

Handling the deadlines, the insurance company, and the legal paperwork is a personal injury attorney’s responsibility, not yours. Your focus should be on your health.

Let’s walk through what you need to know. For immediate questions, call the Law Offices of David M. Benenfeld, P.A. at (954) 677-0155.

The First Two Steps You Must Take from Home

The 30-day clock on your claim started the moment your injury occurred. Florida law requires you to take specific actions within this short timeframe to secure your benefits. Missing these initial deadlines can put your entire claim in jeopardy before it even truly begins.

1. Formally Report Your Injury—Even If Your Boss Already Knows.

A casual conversation in the hallway or a quick text message is not enough. You must provide a formal, written notice to a supervisor, manager, or someone in your human resources department. This act creates a clear, official record of your injury and when it was reported.

This formal step is more than a simple notification; it legally obligates your employer to report the injury to their insurance carrier within seven days. This is the action that officially starts the process. The 30-day reporting deadline is a firm requirement under Florida Statutes Chapter 440, and failing to meet it can be reason enough for an insurer to deny your claim.

2. See an Authorized Doctor—Not Your Family Physician.

Under Florida’s system, the workers’ compensation insurance carrier has the right to direct your medical care at the beginning of your claim. This means you must see the doctor or clinic they authorize. Going to your own family doctor for treatment, while seeming like a good idea, will likely result in those medical bills not being covered.

For 2025, Florida law mandates that employers must ensure injured workers receive all medically necessary treatment, care, and assistance throughout their recovery. This includes transportation to authorized appointments and the costs of any prescriptions. If the insurance company is slow to authorize a doctor, or if you feel the authorized physician isn’t taking your injuries seriously, we can intervene. Our firm can push for the specialist care you need or formally request a one-time change of physician on your behalf.

Your 2025 Financial Lifeline: Understanding Your Benefits

The regular rhythm of a paycheck stops, but the bills for your mortgage, car, and groceries continue to arrive. Watching your savings dwindle while you wait for help is a heavy burden for any family in Sunrise to carry.

The workers’ compensation system is designed to provide a financial bridge to help you through this difficult time. It primarily offers two types of benefits to keep you stable while you recover.

Benefit #1: Complete Medical Care at No Cost to You.

Your employer’s insurance is responsible for 100% of your authorized medical bills. This includes everything from initial emergency room visits and follow-up appointments with specialists to physical therapy, diagnostic tests like MRIs, and prescription medications. It even covers reimbursement for the mileage you drive to and from your approved medical appointments.

To improve access to care for injured workers, Florida implemented a significant change for 2025. Under Senate Bill 362, reimbursement rates for physicians who treat workers’ compensation patients have been increased by approximately 50%. This encourages more doctors to participate in the system, giving you a better chance of receiving high-quality care. Our role at the Law Offices of David M. Benenfeld, P.A. is to ensure the insurance carrier approves every necessary treatment and pays the providers directly, so you are never burdened with a bill.

Benefit #2: Wage Replacement Benefits.

These benefits are meant to replace a portion of the income you lose while you are unable to work. The amount you receive is based on your Average Weekly Wage (AWW), which is calculated from your gross earnings in the 13 weeks just before your injury. This includes not just your regular pay but also any overtime, bonuses, or tips you received.

• Temporary Total Disability (TTD): If the authorized doctor determines that you cannot work at all, you are eligible for TTD benefits. These are paid at a rate of roughly two-thirds (66.67%) of your AWW. For example, if your AWW was $900, your weekly TTD check would be about $600. For injuries occurring in 2025, the maximum weekly payment has been increased to $1,295, a new record high for the state.
• Permanent Total Disability (PTD): In cases of a catastrophic injury where you are deemed permanently unable to return to any type of work, you might be eligible for PTD benefits. The standard to qualify for these long-term benefits is very high and often requires extensive medical evidence and legal argument.
• Impairment Benefits: Once your doctor determines you have reached Maximum Medical Improvement (MMI)—the point at which your condition is stable and not expected to get any better—your temporary disability benefits will stop. The doctor will then assign you a permanent impairment rating. This percentage-based rating is used to calculate any additional impairment benefits you may be owed. 

When the System Pushes Back: How We Handle Denials and Disputes

Receiving a denial letter from the insurance company feels like a door slamming shut on the help you need. It is important to remember that this denial is not the final word. 

Filing a Petition for Benefits.

The way to fight back is by filing a Petition for Benefits. This is the formal legal document we file with the state to challenge the insurance company’s decision. It outlines the exact benefits that were denied—whether it’s a specific medical procedure, a period of lost wages, or the entire claim—and officially begins the litigation process. You have up to two years from the date of your injury to file this petition, or one year from the date the insurer last provided a payment or medical care.

Common Reasons for Denial and Our Approach:

• “The injury didn’t happen at work.” Insurers sometimes argue that an injury occurred at home or is unrelated to your job. We counter this by gathering evidence, including witness statements from coworkers, incident reports, security footage, and your medical records to build a clear timeline that connects the injury directly to your work duties.
• “It was a pre-existing condition.” Your work does not have to be the only cause of your condition; it only needs to be the “major contributing cause” of the injury or of an aggravation to a pre-existing condition. We work with your doctors to secure a medical opinion that satisfies this legal standard.
• “You missed a deadline.” If they can find a reason to deny a claim based on a missed deadline for reporting, they will. We prevent this by ensuring all communications are documented and all timelines are strictly followed, preserving your eligibility for benefits.

Disputes Over Your Medical Care.

What happens if the insurance company’s doctor releases you back to full-duty work before you feel physically ready? What if they refuse to order an MRI that you and your physical therapist believe is necessary to diagnose the problem? You have rights. You are entitled to a one-time change of physician. We can also use the legal process to request an Independent Medical Examination (IME), which brings in a neutral, third-party doctor to provide an unbiased opinion on your condition and what care you truly need.

Protecting Your Job While You Recover

One of the deepest fears for an injured worker is losing their job simply for getting hurt. You worry that reporting an injury will put a target on your back, and that fear can sometimes cause people to delay seeking the help they are entitled to. You shouldn’t worry—there are protections available to you.

Florida’s Stance on Retaliation.

While Florida is generally an “at-will” employment state, which means an employer can terminate an employee for almost any reason, there is a big exception. It is illegal for an employer to fire, threaten, or intimidate you in retaliation for filing a workers’ compensation claim. Retaliation is not always as obvious as being fired the day after you report your injury. It might also look like a sudden, unexplained negative performance review, a demotion to a less desirable position, or a significant cut in your hours.

If you believe you were wrongfully terminated or punished for pursuing your benefits, we help you understand your rights. This may involve a separate legal claim for retaliation, which falls outside the workers’ comp system but provides a layer of protection for injured employees.

Coordinating with FMLA.

The federal Family and Medical Leave Act (FMLA) is another tool that can protect your job. If your employer is large enough to be covered by the FMLA, you may be entitled to up to 12 weeks of unpaid, job-protected leave for a serious health condition. An on-the-job injury often qualifies. This leave can run at the same time as your workers’ compensation claim. The FMLA secures your position (or an equivalent one) for you to return to, while workers’ compensation provides the wage replacement benefits to support you financially during that leave. 

FAQs for Sunrise Workers’ Compensation Claims

Do I have to pay taxes on my workers’ compensation benefits?

No. In Florida, wage replacement benefits received through workers’ compensation are not considered taxable income by the IRS or the State of Florida.

What if my injury was caused by a repetitive activity, not a single accident?

Repetitive stress injuries, such as carpal tunnel syndrome from typing or a torn rotator cuff from repeated lifting, are covered under Florida law. The key is providing medical evidence that the repetitive nature of your job was the major contributing cause of the condition, as defined in Section 440.151 of the Florida Statutes.

My employer is in Sunrise, but I was injured at a job site in Fort Lauderdale. Where do I file my claim?

Your claim is filed in Florida and is governed by Florida’s statewide workers’ compensation laws. The specific location of any legal hearing, should one become necessary, would typically be in the county where the accident occurred. However, the entire process is managed under a single state system. Our firm handles cases throughout Broward County and can manage all the logistics for you, regardless of where you were injured.

Can I receive Social Security Disability and workers’ compensation at the same time?

Yes, it is possible to receive both, but there is an “offset.” The total combined amount you receive from Social Security Disability Insurance (SSDI) and workers’ compensation generally cannot exceed 80% of your average earnings before you became disabled. It is very important to structure any workers’ compensation settlement correctly to minimize this offset and maximize your total benefits.

What are the total death benefits for a family if a worker passes away?

If a work-related injury tragically results in death, Florida law provides specific benefits to dependents. These include payment for funeral expenses up to $7,500 and dependency compensation benefits up to a maximum total of $150,000. These benefits are governed by Florida Statute § 440.16 and are available to eligible surviving family members, such as a spouse and children.

Secure Your Stability with the Law Offices of David M. Benenfeld, P.A.

Your energy should be reserved for one thing: getting better. Let our firm take on the burden of the legal process, from filing the initial claim paperwork correctly to fighting a denial in court. We will pursue the maximum medical and financial benefits available under Florida law for you.

Don’t wait until a deadline has passed or a small problem with the insurance company becomes a major roadblock to your recovery. Contact the Law Offices of David M. Benenfeld, P.A. today for a straightforward conversation about your situation at (954) 677-0155.