You Have Rights After a Workplace Injury. We Protect Them.

Under Florida law, if you are injured while performing your job duties, you are generally entitled to workers’ compensation benefits regardless of who was at fault for the accident. However, the system is notoriously complex, and insurance carriers are financially incentivized to delay, underpay, or deny your valid claims.

At Pena Law Group, P.A., we understand the physical, emotional, and financial toll a workplace injury takes on you and your family. Attorney Ashley Pena brings aggressive litigation experience to the table, forcing the insurance companies to provide the medical care and lost wages you are legally owed.

“The insurance adjuster is not your friend. Their goal is to close your file as cheaply as possible. My goal is to maximize your recovery so you can heal without financial ruin.”

— Ashley C. Pena, Esq.

What Benefits Are You Entitled To in Florida?

Florida’s workers’ compensation system is designed to provide specific benefits. If the insurance company is refusing to provide any of the following, you need legal representation immediately:

  • Medical Benefits: Coverage for all authorized medical treatment, hospital bills, physical therapy, and prescription medications required to treat your work-related injury.
  • Lost Wages (Indemnity Benefits): If your authorized doctor states you cannot work, or if your employer cannot accommodate light-duty restrictions, you are entitled to a percentage of your average weekly wage.
  • Impairment Benefits: Compensation if your injury results in a permanent physical impairment after you have reached Maximum Medical Improvement (MMI).
  • Death Benefits: Financial support and funeral expenses provided to surviving dependents if a workplace accident results in a fatality.

Common Reasons Workers’ Comp Claims Are Denied

Insurance companies use a variety of tactics to avoid paying claims. Do not accept a denial as the final answer. We routinely litigate and overturn denials based on:

  • Allegations that the injury did not occur during the course and scope of employment.
  • Claims that your condition is a “pre-existing” injury, not caused by your work.
  • Missed deadlines for reporting the injury to your employer (you generally have 30 days in Florida).
  • The insurance company’s “independent” doctor claiming you are fully healed when you are still in pain.

Frequently Asked Questions

Can I choose my own doctor?
In Florida, the workers’ compensation insurance carrier generally has the right to select your treating physician. However, if you are unhappy with the care you are receiving, you have the right to request a one-time change of physician. We can help you navigate this process to ensure you get a fair evaluation.
Can I be fired for filing a workers' comp claim?
No. It is illegal under Florida law for an employer to retaliate against or terminate an employee solely for filing a valid workers’ compensation claim.
How much does it cost to hire a workers' comp lawyer?
At Pena Law Group, we work on a strict contingency fee basis. This means you pay zero upfront costs or hourly fees. We only get paid if we successfully recover benefits or secure a settlement for you.