You Won Your Florida Comp Dispute. Here Are Six Extras the Judge Can Add

The judge rules in your favor, and the carrier has to pay what it held back. It feels like the finish line. But missed checks are only part of what a successful petition can bring. Florida law gives judges tools to add more, and knowing about them helps you ask for everything you are owed.

From Petition to Payment

Here is the path from your side. You file a petition for benefits, the carrier responds, and the case moves toward mediation or a hearing. If the judge decides in your favor, an order spells out what the carrier must pay. The six items below may be part of that order.

Six Things a Winning Petition Can Include

1. A late payment penalty. Section 440.20(6)(a) of the Florida Statutes adds 20 percent to an installment that goes unpaid more than 7 days after it was due. It does not apply when the delay came from conditions the carrier could not control, and it must be claimed, so it should never be left off your petition.
2. Interest. Under Section 440.20(8)(a), late compensation earns interest at 12 percent per year from the date it came due until it is paid, with a minimum payment of $5.
3. Medical care. Section 440.13(2)(a) requires the employer to furnish medically necessary treatment, care, and attendance for as long as your injury or recovery requires, including medicines and medical equipment.
4. Medical exam costs. When you win a medical dispute after getting an independent medical examination, Section 440.13(5)(a) says the carrier pays for that exam. Section 440.13(9)(f) similarly covers the cost of a judge-ordered expert medical advisor.
5. Court costs. Section 440.34(3) taxes the reasonable costs of the proceeding against the side that loses, not including attorney’s fees.
6. Your attorney’s fees. In many cases, such as when the carrier denied benefits and you hired a lawyer who successfully prosecuted your petition, Section 440.34(3)(b) makes the carrier responsible for the fee. The judge must approve it, and it does not attach until 30 days after the carrier receives your petition.

Not every item applies to every case. The facts, the dates, and the judge’s findings all matter, which is why each one should be requested.

Hurt on the Job? Contact Our Skilled Fort Lauderdale Workers’ Compensation Lawyer Today

Compare two outcomes. In one, you receive only the checks you missed. In the other, those checks arrive with a penalty, interest, ongoing medical care, and your costs covered. Same win, very different result.

Our experienced Fort Lauderdale workers’ compensation lawyers make sure your petition asks for everything the law allows. The Law Offices of David M. Benenfeld, P.A. can review your dispute and explain what a win could include for you. Call us to schedule a consultation at our Sunrise, Fort Lauderdale, or West Palm Beach office.

Sources:

flsenate.gov/Laws/Statutes/2025/440.20

flsenate.gov/Laws/Statutes/2025/440.34

flsenate.gov/Laws/Statutes/2025/440.13

myfloridacfo.com/division/wc