What You’re Owed When a Florida Workers’ Comp Adjuster Delays Payments or Medical Care

If your workers’ compensation checks arrive late or your adjuster drags their feet on approving medical treatment, you are not powerless. Florida law provides clear financial penalties and mandatory interest when insurance companies delay your benefits — and in some cases, they may even owe your attorney’s fees. Below is a clear explanation of what you’re entitled to under Florida workers’ compensation law, based on Florida Statute 440.20, and how Injury Florida Law Firm helps injured workers enforce these rights.

Understanding Your Rights When Workers’ Compensation Payments Are Late

Workers’ compensation benefits are supposed to provide consistent, timely support while you’re recovering. Under Florida law, late payments come with built‑in financial consequences for the insurance company. These rules exist to protect injured workers and discourage carriers from slowing down your benefits.

The key statute governing prompt payment — and penalties for late payment — is Florida Statute 440.20. This law outlines strict timelines for issuing payments and mandates specific financial consequences when insurers miss those deadlines.

Mandatory Interest on Late Payments

Interest on late workers’ compensation benefits is mandatory under Florida Statute 440.20. Unlike penalties (discussed below), interest cannot be waived or excused, even if the insurance company or employer claims the delay was out of their control.

Here’s what the statute requires:

• 12% annual interest rate applied to the overdue amount
• Minimum interest of $5.00 per late payment
• Interest applies anytime a payment is not issued on time — no excuses, no exceptions

This mandatory interest is meant to compensate you for the financial harm caused by delayed income, especially since many injured workers are already struggling to pay bills while out of work.

When 20% Penalties Apply

Florida law also provides for a 20% penalty when workers’ compensation installment payments are made more than seven days late. This penalty is intended as an additional incentive for insurers to pay on time.

However, penalties differ from interest in one important way:

• Penalties are not mandatory — the law allows them to be excused
• Penalties may be excused even if the employer or carrier did not have control over the delay

In practice, insurers often argue for penalty waivers. Still, when the delay is unjustified or prolonged, a skilled workers’ comp lawyer can fight for the penalty to be imposed.

Delayed Medical Treatment: What If They Don’t Authorize Care on Time?

When your authorized treating physician recommends medical treatment — physical therapy, diagnostic testing, surgery, medication, or specialist referrals — the insurance company must respond promptly. Even though the statute does not impose the same interest and penalty structure for late medical authorization, the law provides a different form of accountability.

If your attorney files a Petition for Benefits requesting medical care and the insurance company provides the treatment more than 30 days later or a judge orders them to provide the benefit, they may owe your attorney fees and costs per Florida Statute 440.34.  

This attorney‑fee exposure is often the only leverage injured workers have to force the insurance company to authorize necessary medical care. It also prevents the insurer from benefiting financially by stalling treatment.

Attorney’s Fees When Benefits Are Unreasonably Delayed

Florida’s workers’ compensation system allows injured workers to recover attorney fees and costs when an insurer fails to provide a benefit within 30 days after a Petition for Benefits is filed. This rule applies to:

• Late or unpaid indemnity checks (wage loss benefits)
• Late authorization of medical treatment
• Delayed provision of medical devices or prescriptions

If your lawyer has to take action just to secure what you’re already entitled to, the carrier may be required to pay your attorney’s fees — not you.

However, the statutory penalties, mandatory interest, and attorney‑fee provisions described above serve as the current remedies for delays or improper claims handling.

Only in cases of severe bad faith which is intentional and malicious can you sue the insurance company for bad faith pursuant to the case law in Aguilera v. Inservices, Inc., 905 So.2d 84 (Fla. 2005).  

 

Why These Delays Happen — and How a Lawyer Helps

Carriers delay payments or treatment for many reasons, including understaffing, internal mistakes, miscommunication, and sometimes intentional cost‑saving practices. Regardless of the reason, you deserve timely benefits.

Attorney Anna Katherine Stone frequently helps clients whose checks are late, whose adjusters ignore their doctors, or whose claims sit untouched for weeks. When we get involved, we:

• Force the insurance company to issue overdue payments
• Demand timely medical authorizations from the adjuster
• File Petitions for Benefits to trigger legal deadlines
• Pursue interest, penalties, and attorney’s fees where appropriate
• Protect you from retaliation or claim mishandling

These strategies not only help get your benefits back on track — they hold the insurance company accountable under the law.

When to Call a Florida Workers' Compensation Lawyer

If your adjuster is delaying payments, failing to authorize treatment, or ignoring your doctor’s recommendations, it’s time to talk to a workers’ comp lawyer. Many delays are not just frustrating — they’re illegal.

We regularly help injured workers in Tampa and throughout Florida with:

• Late checks or missing payments
• Delayed medical care authorizations
• Denied or reduced wage benefits
• Denied medical treatment
• Appeals and Petitions for Benefits
• Enforcing your rights under Florida Statute 440.20

In many cases, hiring a lawyer costs you nothing because the insurance company pays the attorney’s fees when they delay or deny benefits improperly.

FAQ

How late does a workers’ comp check have to be before penalties apply?

Under Florida Statute 440.20, a 20% penalty applies when an installment payment is made more than seven days late. However, the penalty can be excused — unlike interest, which is mandatory.

Can the insurance company avoid paying interest on late benefits?

No. Interest is mandatory and cannot be waived, no matter the reason for the delay. You are entitled to at least $5.00 in interest for each late payment.

What if my doctor says I need treatment and the adjuster doesn’t approve it?

Your attorney can file a Petition for Benefits. If the insurer provides the recommended care more than 30 days later, they may owe your attorney’s fees.

Can I sue the insurance company for bad faith in a workers’ comp case?

Probably not except in very rare extreme circumstances could you sue under what is called the Aguilera decision.  However, the use of an Aguilera claim against a workers' comp insurance company is reserved only for the most intentional and malicious activties which cause life threatening issues to the claimant.  

 

Do I need a lawyer if my checks are always late?

Yes. A lawyer can force timely payments, ensure interest and penalties are applied, and hold the insurer accountable. In many cases, the insurance company — not you — pays your attorney’s fees.

If your workers’ compensation benefits are delayed, you don’t have to deal with the insurance company alone. Injury Florida Law Firm is here to help injured workers enforce their rights and get the support they deserve.

 

Call or Text today for FREE Consultation 813-485-8041 

Main Office - Tampa 

By appointment only - Ocala 

With over 23 years experience handling all types of workers' compensation claims throughout the state of Florida.  We handle cases in all Florida counties.