Orlando Work Injury Lawyer

A work injury can leave you facing medical bills, missed paychecks, and an uncertain path back to your job, whether you were hurt by a piece of equipment, a coworker’s mistake, or the negligence of someone outside your workplace entirely. At Smith, Feddeler & Smith, P.A., our Orlando work injury lawyers help injured workers understand their options under Florida law and pursue the compensation they are owed. Call (863) 688-7766 or reach out online for a free case evaluation.

Why Choose Smith, Feddeler & Smith, P.A. for Your Orlando Work Injury Case

Work injury cases are not always straightforward, particularly when a claim involves both a workers’ compensation filing and a separate personal injury claim against a negligent third party. Our firm has a long-standing history of helping injured workers throughout Central Florida, and our experienced staff understands how to build a case that accounts for every source of compensation available to you.

We are not interested in a quick settlement that leaves money on the table. Insurance companies know that our firm is prepared to take a case all the way to trial if necessary, which gives us leverage during negotiations that firms unwilling to litigate simply do not have. We are in this for the long haul, and we stay with our clients through every stage of the process, from the initial filing to a final resolution.

What Counts as a Work Injury in Florida?

A work injury generally includes any injury or illness that arises out of and occurs in the course of your employment.

This covers sudden accidents, such as a fall from a ladder or an injury caused by defective equipment, as well as conditions that develop over time from repetitive tasks or prolonged exposure to hazardous conditions. 

To qualify for workers’ compensation benefits, Florida law requires you to prove that your injury arose out of your work and occurred within the scope of your employment, and you do not have to demonstrate that your employer was careless. A separate personal injury claim against a third party requires showing that party’s negligence caused your injury.

Common Causes of Work Injuries in Orlando

Orlando’s economy includes a heavy concentration of hospitality, construction, warehousing, theme park, healthcare, and office-based operations, and each of these industries carries its own injury risks.

• Hospitality and theme parks: Hotel, resort, and theme park staff frequently experience repetitive strain injuries from housekeeping and food service duties, along with slip and fall accidents in kitchens, guest areas, and backstage operational spaces.
• Construction: Workers on Orlando’s ongoing residential and commercial projects face falls from height, scaffolding collapses, and injuries from heavy machinery or improperly secured equipment.
• Warehousing and logistics: Warehouse employees commonly suffer injuries from malfunctioning equipment, forklift accidents, and strains from repetitive lifting in distribution centers along Orlando’s growing logistics corridor.
• Delivery and rideshare: Workers who spend their day on the road face vehicle accidents along busy corridors like I-4 and the East-West Expressway, often caused by other drivers rather than any fault of their own.
• Healthcare: Nurses, aides, and hospital staff commonly sustain back and shoulder injuries from patient lifting and transfers, along with needlestick injuries and strains from long shifts on their feet.
• Office workers: Employees in administrative and clerical roles often develop repetitive strain injuries, such as carpal tunnel syndrome and chronic back or neck pain, from extended computer use and poor workstation setups.

Workers’ compensation claims in Orange County are handled through the Florida Division of Workers’ Compensation, while third-party lawsuits are typically filed in the Ninth Judicial Circuit Court, which serves Orange and Osceola Counties.

Workers’ Compensation vs. Third-Party Claims: What’s the Difference?

These two paths often get confused, but they serve different purposes and involve different rules.

• Workers’ compensation is a no-fault system that provides medical care and wage replacement regardless of who caused the accident, but under Fla. Stat. § 440.11, it generally serves as your only path to compensation from your employer, meaning you typically cannot sue your employer directly for a workplace injury.
• A third-party claim allows you to pursue additional compensation, including pain and suffering, when someone other than your employer or a coworker acting within the scope of employment contributed to your injury, such as a negligent driver, a subcontractor, or the manufacturer of defective equipment.

Many injured workers are entitled to pursue both types of claims at the same time, though a workers’ compensation insurer may have a lien, meaning a legal right to be repaid, on any third-party recovery for benefits already paid. Contact an Orlando workers’ compensation lawyer today.

What Benefits Can You Receive Through Florida Workers’ Compensation?

Florida’s workers’ compensation system provides several categories of benefits, including:

• Medical treatment related to the work injury
• Temporary total disability payments if you cannot work at all, or temporary partial disability payments if you can work in a limited capacity, while you recover
• Permanent impairment benefits if you are left with a lasting limitation
• Death benefits for surviving family members in fatal workplace accidents

Workers’ compensation does not include compensation for pain and suffering, which is one of the main reasons a third-party claim can matter so much when one is available.

When Can You File a Third-Party Claim for a Work Injury?

A third-party claim becomes available when someone other than your employer or a fellow employee acting within the course of employment caused or contributed to your injury. Common examples in and around Orlando include: 

• A driver who caused a crash while you were making a delivery
• A property owner who failed to maintain safe conditions at a job site you did not work for
• A manufacturer whose defective tool or machine caused your injury

Unlike a workers’ compensation claim, a third-party claim allows you to pursue full damages, including pain and suffering and the complete value of your lost earning capacity.

What If You Are Partially at Fault for a Third-Party Work Injury Claim?

Florida follows a modified comparative negligence standard under Fla. Stat. § 768.81(6). You can still recover damages in a third-party claim as long as you are found 50% or less at fault for your injury, though your recovery will be reduced by your percentage of responsibility.

If you are found more than 50% at fault, Florida law bars you from recovering any damages in that claim. This rule does not apply to your workers’ compensation benefits, which remain available on a no-fault basis regardless of your own conduct, aside from limited exceptions such as intoxication.

How Long Do You Have to File a Work Injury Claim in Florida?

Deadlines differ depending on which type of claim you are pursuing.

• Under Fla. Stat. § 440.19, a workers’ compensation petition for benefits generally must be filed within two years of the date of the accident, or within one year of the last payment of indemnity benefits or medical treatment if that date is later.
• Under Fla. Stat. § 95.11, a third-party negligence claim arising from an injury on or after March 24, 2023, must generally be filed within two years of the date of the injury.

Missing either deadline can permanently bar you from recovering compensation through that path, so it is important to understand which deadlines apply to your situation as early as possible.

What Should You Do After a Work Injury?

Taking the right steps early can protect both a workers’ compensation claim and any potential third-party case. Consider the following:

• Report the injury to your employer as soon as possible, since Florida law generally requires notice within 30 days
• Seek medical treatment and follow through with recommended care
• Document the scene, any equipment involved, and the names of witnesses
• Keep records of missed work, medical visits, and related expenses
• Speak with a work injury lawyer before giving a recorded statement to an insurance adjuster

Orlando Work Injury FAQs

Can You Be Fired for Filing a Workers’ Compensation Claim?

Florida law does not permit an employer to terminate you specifically because you filed a workers’ compensation claim, though an employer may still terminate you for unrelated, legitimate reasons. If you believe you were let go in retaliation for filing a claim, it is worth discussing the circumstances with a lawyer.

Does It Matter If My Employer Says the Accident Was My Fault?

For workers’ compensation purposes, Florida’s no-fault system generally means your own carelessness does not prevent you from receiving benefits, aside from limited exceptions such as intoxication or willful misconduct. Fault becomes more relevant only in a separate third-party claim against someone outside your employment relationship.

What If My Employer Does Not Have Workers’ Compensation Insurance?

Most Florida employers with four or more employees are required to carry workers’ compensation coverage, though construction industry employers must carry coverage starting with just one employee. An uninsured employer can face significant penalties. If your employer failed to carry required coverage, you may have additional legal options beyond the standard workers’ compensation process.

Contact Smith, Feddeler & Smith, P.A. About Your Orlando Work Injury Case

Work injury cases often involve overlapping deadlines and multiple potential sources of compensation, and missing a step early on can limit your options later. Our Orlando team at Smith, Feddeler & Smith, P.A. can evaluate whether you have a workers’ compensation claim, a third-party claim, or both, and we are prepared to pursue your case as far as necessary to reach a fair result. 

Call (863) 688-7766 or contact us online for a free case evaluation to discuss what happened and what comes next. Our Orlando office meets with clients by appointment only, so please call ahead to schedule your consultation.

Office Location

Lakeland832 Florida Avenue South
Lakeland, FL 33801

(863) 312-1102

Brandon202 E Brandon Blvd. Suite 107
Brandon, FL 33511

(813) 527-3716

Kissimmee1101 Miranda Lane
Ste1331, Kissimmee, FL 34741

(407) 904-5445

Tampa100 S Ashley Drive
Suite 600, Tampa, FL 33602

(813) 859-5671

Orlando4700 Millenia Blvd
Orlando,FL 32839

(407) 553-3028

Clearwater13575 58th St North #200
Clearwater, FL 33760

(727) 914-5089

$1,200,000.00
Workers’ Compensation

Claimant worked as a tree guy and a giant limb fell on him. Claimant developed CRPS and ended up wheelchair bound. Our firm was successful in obtaining many benefits to the Claimant prior to settlement, including multiple home modifications, wheelchair ramps, authorization of medical specialist, and implantation of a spinal cord stimulator.

$350,000.00
Workers’ Compensation

Claimant worked as a bus driving and during an evacuation she jumped off the bus causing her to fall resulting in a serious back injury.

$269,671.00
Workers’ Compensation

Claimant worked performing clerical type job in an office. She was asked to carry a box down stairs when she slipped and fell down the flight of stairs injuring her head, neck and lefts arm / wrist / hand.

$220,100.00
Workers’ Compensation

Claimant worked for a temp service. He was helping to unload a trailer when his foot went through a board on the floor of the trailer causing his to fall, shattering his pelvis, and causing serious injury to his back, hip and head.

$1,223,423.00
Workers’ Compensation

Claimant worked as a selector / forklift driver. This case involved a specific injury to her right leg / knee. She continued to work which resulted in repetitive and cumulative trauma to the right knee and CRPS.

$630,000.00
Workers’ Compensation

Claimant worked for a transport company. One day he was forced to get under a trailer and while he was lifting and twisting, the Claimant injured his back and knee, which was left untreated until he retained representation and filed Petitions for Benefits. Unfortunately, the severity or the injury coupled with the delay in treatment caused the Claimant to developed CRPS.