Personal Injury

Bernstein Law was founded on the principle to bring service back into the legal profession. No more not getting a return call from your attorney, or being told that they are in a meeting. At Bernstein Law the philosophy is simple, we are in the service industry.



With very limited exceptions, all Florida employers are required to have and maintain workers’ compensation insurance. Workers’ compensation was intended to be a low-conflict way for an employee who gets injured during their job to recover for their losses. As opposed to most types of injury laws, the workers’ compensation scenario does not require the employee to establish that the employer was at fault, or was negligent in causing his/her injuries. Therefore, workers’ compensation cases should have lower conflict. That is not always the case when filing a claim

Proving a Florida Workers’ Compensation Claim
Because fault is not a necessary component of the claim, the basic workers’ compensation claim comes down to two issues:
1. Did the injury occur in the course and scope of employment?
2. How the employee should be compensated.

What rights and responsibilities does an injured worker in Florida?
We have all seen the sign posted in the break room that talks about workers’ compensation rights, but have you ever stopped and read them? Probably not. Below are what an employee must do and what the employer must do.

Employee must:

  • Notify the employer of the injury as soon as possible.
  • Speak with the employer regarding medical attention prior to receiving treatment (except in emergency situations).
  • May need to contact the workers’ compensation insurance carrier.

Employer must:

  • Contact their insurance carrier as soon as possible.
  • Inform the insurance adjuster handling the claim of the availability or lack thereof of restricted work and any change in employee’s income.
  • Provide any necessary restricted duties as prescribed by medical professionals if available.
  • Post workers’ compensation information for employees to read as indicated by law.

How to file a workers’ compensation claim in Florida
After being properly notified, it is the employer’s obligation to initiate the workers’ compensation claim. Within a few days of filing the claim, you should receive a packet with a brochure with information, your rights, and forms to complete.

While the process of workers’ compensation should be automatic and cover those employees injured on the job, sometimes issues arise as to the process of receiving fair compensation. Making sure to have an experienced Florida Workers’ Compensation attorney on your side is a way to make sure the process if fairly followed by your employer and you are accurately compensated. Also having an attorney can make sure there aren’t any unnecessary delays in your claim.

How much does representation on my Florida Workers’ Compensation claim?
At Bernstein Law we offer a free evaluation and consultation of your case. If there is no case, it costs you nothing.

If you are indeed injured and have a claim, we will assist you in getting the compensation you deserve.
Our fee is based on a contingency, meaning if we do not collect for you, we charge no fee.

If you have been injured while on the job and need to speak to an attorney for a free consultation please reach out to Attorney Derek Bernstein via email at or by calling his cellphone at 407-405-4684 to schedule an appointment.

Money Paid By Insurance Companies

Cases Settled

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Derek is very knowledgeable and passionate with his work. He is very good at communicating with his clients and keeping everyone informed. If you want someone in your corner he is your man, he will be there every step of the way.

Adam G.

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Mr. Bernstein quickly answered questions even when not retained or could be retained in my specific area. It’s a comfort knowing there are good individuals out there that actually care about families and most of all children’s well being, all through sharing the knowledge gained through many extensive years of education, practice and on hand experience.

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I have consulted Derek multiple times regarding legal advice and he is always on point regarding personal injury cases. Also, an honest individual looking our for his clients best interest

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We utilize Mr. Bernstein for our PIP suit work against insurance companies and we are always treated professionally and their firm always finds us lost money.

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