Understanding Your Rights to Recovery.

Under Florida law, if you are injured on the job, you are entitled to specific benefits regardless of who was at fault for the accident. However, insurance carriers often try to minimize these benefits by miscalculating your wages or denying necessary medical procedures. At Pena Law Group, P.A., we audit your claim to ensure you receive the maximum recovery possible.

1. Medical Benefits
The insurance company is required to pay for all “authorized” medical care related to your workplace injury. This includes:

  • Emergency Room visits and hospital stays.
  • Specialist appointments (Orthopedists, Neurologists, Pain Management).
  • Physical Therapy and rehabilitative services.
  • Prescription medications and medical devices (braces, crutches, etc.).
  • Mileage Reimbursement: You are entitled to be paid for the miles you drive to and from your authorized doctors and the pharmacy.

2. Wage Replacement (Indemnity Benefits)
If a doctor places you on “No Work” status or gives you restrictions that your employer cannot accommodate, you are entitled to lost wage checks.

  • Temporary Total Disability (TTD): Usually calculated at 66 2/3% of your average weekly wage.
  • Temporary Partial Disability (TPD): If you can work light duty but are earning less than 80% of your pre-injury wages.
  • Permanent Total Disability (PTD): For those whose injuries are so severe they can never return to any form of gainful employment.

“The insurance company's math is rarely in your favor. We dive into the payroll records and medical reports to ensure your benefits reflect the true impact of your injury.”

— Ashley C. Pena, Esq.

Frequently Asked Questions

How much will my weekly Workers' Comp check be?
In Florida, your “Average Weekly Wage” (AWW) is calculated based on the 13 weeks of gross earnings immediately preceding your accident. This includes overtime and bonuses. If the insurance company misses even one bonus in their calculation, your check will be wrong every single week. We verify their math.
Can I choose my own doctor?
No. The insurance carrier has the right to “select” the doctor. However, you have a one-time right to change doctors during your case. This is a powerful legal tool that we help you use strategically to ensure you aren’t stuck with a “company doctor” who doesn’t listen to your concerns.
Does Workers' Comp pay for "Pain and Suffering"?
No. Unlike a personal injury lawsuit (like a car accident), Workers’ Comp only pays for medical bills and a percentage of lost wages. This is why we always investigate if a “Third Party” was involved so we can file a separate claim for your pain and suffering.
What is MMI (Maximum Medical Improvement)?
MMI is the point where a doctor decides your injury has healed as much as it’s going to. Once you hit MMI, your temporary wage benefits stop. This is a critical transition point where we often begin negotiating a lump-sum settlement for your future needs.