What the Employee Assistance and Ombudsman Office Can and Cannot Do While Your Claim Is Disputed
Among the first things an injured worker receives are papers, not payments. Under section 440.185, once the employer or the worker informs the carrier of the injury, the carrier must send an informational brochure within 3 business days. After the employer or carrier receives notice of an injury from the employee, it must also provide written notice of the availability of services from the Employee Assistance and Ombudsman Office, including a toll-free number, an e-mail address, and a postal address. For anyone searching for workers’ comp ombudsman help in Sunrise or elsewhere in Florida, that notice is the starting point.
What the Office Is
Section 440.191 creates the office within the state department that administers the workers’ compensation law. Its job is to inform and assist injured workers, employers, carriers, health care providers, and managed care arrangements. Upon receiving a notice of injury, the office may reach out to the injured worker to discuss rights, responsibilities, and its services.
What it Does when a Dispute Arises
If the employer or carrier fails to provide benefits the worker believes are owed, the statute contemplates that the employee will contact the office to request help. From there, the office may:
- review a petition for benefits and try to facilitate an agreement between the worker and the carrier;
- compel the parties to attend conferences in person or by telephone;
- assign an ombudsman who can, at the worker’s request, help draft a petition for benefits and explain the filing procedure.
The Office of the Judges of Compensation Claims may also ask the office to help an unrepresented worker file a petition that meets the requirements of section 440.192.
What it Cannot Do
The same statute says the office may not represent employees before the judges of compensation claims. It also provides that an employer or carrier may not pay attorneys’ fees on a worker’s behalf for services related to this section, unless the chapter expressly authorizes it elsewhere. And any settlement reached at one of its conferences must be submitted to the Office of the Judges of Compensation Claims for approval.
How that Differs From Having a Lawyer
The distinction is representation. A lawyer can appear for the worker before a judge of compensation claims, at mediation, and at a final hearing. The ombudsman office’s role, as the statute describes it, is informational and facilitative.
Where the Process Leads
If a conference produces an agreement, it goes to the judge’s office for approval. If it does not, the dispute continues through the petition-for-benefits process toward mediation and, if needed, a final hearing.
Contact Our Fort Lauderdale Workers’ Compensation Lawyers Today
Many workers find it helpful to understand both resources, and our Fort Lauderdale workers’ compensation lawyers can explain where a lawyer’s role begins. Contact the Law Offices of David M. Benenfeld, P.A. at our Sunrise, Fort Lauderdale, or West Palm Beach office, and we will gladly talk with you.
Sources:
flsenate.gov/Laws/Statutes/2026/440.191 https://www.flsenate.gov/Laws/Statutes/2026/440.185 flsenate.gov/Laws/Statutes/2026/440.192