Understanding Florida’s 120 Day Rule in Workers’ Compensation

If you’ve been injured on the job in Florida, the workers’ compensation process can seem overwhelming. One of the most important protections for injured workers is the “120 Day Rule,” found in Florida Statutes section 440.20(4). This critical provision directly impacts how quickly an insurer must decide whether to accept or deny responsibility for a workplace injury, and—if missed—can mean long-term benefits and compensation for the injured worker.​

What Exactly Is the 120 Day Rule?

Under Florida law, when a claim is filed, the employer’s insurance carrier is given 120 days from the first payment of any compensation or benefits to investigate the circumstances of the injury or illness. During that period, they can “pay and investigate”—providing benefits up front while they determine if the claim is indeed valid. The catch? If the insurer does not formally deny the claim within 120 days, they lose the right to contest that the injury is work-related for most purposes going forward.​

This rule aims to prevent insurance companies from dragging their feet and leaving injured workers in limbo for months after an injury. It ensures timely action, financial stability, and the ability for workers to move forward with necessary medical treatment and wage loss benefits, with the peace of mind that their benefits cannot be abruptly stopped or challenged without good cause after 120 days.​

Why Does the 120 Day Rule Matter?

Without the 120 Day Rule, insurance companies could approve benefits and then, months later, abruptly deny them—potentially leaving workers on the hook for medical bills and requiring them to repay wage loss benefits. This rule encourages prompt investigations, quick decisions, and accountability—all while protecting workers from financial whiplash.​

The Importance of the 120 Day Letter

A key part of this process is the so-called “120-day letter.” Recent case law, including the Churchill v. DBI Services decision, has clarified that insurance carriers must send a clear letter, as close as possible to the very first benefit payment, putting the worker on notice that the investigation period is running. Courts have said this letter should be sent “upon commencement of payment, or as soon thereafter as reasonably practicable”—and delays (even of a couple months) can result in the insurer waiving its right to contest compensability.​

Are There Exceptions to the Rule?

There are very limited exceptions: If the insurance company can show that it discovered new, material information only after the 120 days—facts it couldn’t have found with reasonable investigation, or if it uncovers fraud—the claim can still be denied after the deadline. But these exceptions are rare and hard for insurers to prove.​

How This Protects Injured Workers

If you’ve been receiving benefits for more than 120 days and suddenly get a denial, Florida law is on your side. In these situations, the injury is considered compensable “by operation of law,” which makes it much harder for insurers to successfully cut off benefits down the road.​

Injured workers should know: If the insurer didn’t provide a timely 120-day letter, their right to contest the injury may be lost even sooner. If you’re facing a sudden denial or have questions about your rights, consulting with an experienced workers’ compensation attorney is the best way to ensure your claim is protected.

If you or someone you know is navigating a work injury, don’t go it alone—having experienced legal guidance is critical to ensuring you receive the benefits and protections you deserve under Florida law. Call us at 800-536-8080 or email us at info@goebellawfirm.com to schedule a free consultation.​

Understanding “Compensability” in Florida Workers’ Compensation

When someone says a claim is “compensable,” they mean that, under the law, the employer (or its insurance carrier) must provide benefits (medical, disability, etc.) because the injury or condition meets the legal requirements. In Florida, those requirements are primarily found in Chapter 440, especially § 440.09 and § 440.092.

Statutory Framework: § 440.09 (Coverage)

Florida Statute § 440.09 provides the baseline rule:

“The employer must pay compensation or furnish benefits required by this chapter if the employee suffers an accidental compensable injury or death arising out of work performed in the course and scope of employment.”

To satisfy § 440.09, three central elements must be shown:

1. The injury must be accidental (i.e., unplanned, a specific incident).

2. The injury must arise out of employment and occur in the course and scope of employment.

3. The medical evidence must show, to a “reasonable degree of medical certainty,” objective findings (not only subjective complaints) linking the injury to the work accident. Also, the work-related injury must be the major contributing cause (i.e. more than 50 %) of the condition or disability claimed.

4. If the injury simply aggravates a preexisting condition, the carrier is liable only to the extent the work injury is more than 50 % responsible, and must continue to be so.

Importantly, if a carrier begins paying benefits (or medical treatment) and fails to deny compensability within the statutory period (discussed below), compensability may be established by operation of law. This is often tied to Florida’s “120-day rule.”

Special Rules & Limitations: § 440.092

Statute § 440.092 sets out special limits to compensability, including:

• Recreational / social activities (non-work): Injuries from these are generally not compensable unless the activity was an express required incident of employment and gave a substantial direct benefit to the employer (not merely morale).

• Going and Coming Rule: Injuries sustained while traveling between home and work (“commuting”) are typically excluded, whether or not the employer supplied transportation, unless the employee was on a special errand or mission.

• Deviation from employment: If the worker departs from their usual route or tasks for personal reasons not authorized by the employer, injuries during that deviation are generally excluded, unless it was an emergency, the employer approved it, or other statutory exception.

• Traveling employees: Workers who travel as part of their job can be covered when injury arises during the performance of duties (but not mere commuting).

• Subsequent intervening accidents: If after a compensable injury there is a later separate incident (outside cause) that aggravates or interrupts recovery, the later injury may not be compensable, unless it occurs while traveling to/from a healthcare provider for the original compensable injury.

Also, § 440.092 and other parts emphasize that compensability is not absolute; the claimant must satisfy these statutory constraints before benefits are owed.

Examples: What Is (and Isn’t) Compensable

Here are illustrative examples to help distinguish:

Likely compensable scenarios:

• A delivery driver slips on a wet surface while making a delivery, breaking a wrist. That is a specific accidental event, in the scope of work.

• A nurse injures her back while lifting a patient in the course of her duties.

• A traveling sales rep suffers a covered injury in a car accident while driving between client appointments (so long as not mere commuting).

• A warehouse employee’s repetitive motion leads to carpal tunnel, proven with medical evidence and exposure.

Likely non-compensable scenarios:

• A worker falls at home while on the way to work (commuting accident) without any special mission.

• A person is injured during a company picnic in a voluntary recreational event, not required by employer and not giving special benefit to employer.

• An employee detours during commute to run a personal errand and is injured during that detour (deviation).

• A later, independent accident (say, getting into a car wreck unrelated to original work injury) that aggravates a prior injury—unless it occurs en route to medical care for the original injury.

The 120-Day Rule & Compensability by Operation of Law

One of the most critical deadlines is in § 440.20(4), often called the 120-Day Rule. When a carrier begins paying benefits or medical treatment for a condition, it must deny compensability (or accept it) within 120 days of that first payment. If the carrier fails to timely deny, it may waive the right to later deny compensability—i.e., the injury becomes compensable by operation of law—unless the carrier proves that crucial facts could not have reasonably been discovered by then.

Thus, when medical treatment begins or diagnosis evolves, the 120-day clock can reset or trigger necessity for a prompt denial.

Why “Compensability” Matters

Compensability is the gateway: unless the statute’s test is met, the employer has no duty to pay medical, disability, or vocational benefits. Once compensability is established, the claimant gains access to care, indemnity benefits, and other rights under Chapter 440. Because Florida law imposes strict requirements, and carriers vigilantly contest causation or compliance, having experienced legal representation is essential to preserving your rights.

If you’ve been hurt on the job and aren’t sure whether your claim is compensable under Florida Chapter 440, contact Goebel Law for experienced representation. Our firm helps injured workers across Florida secure the benefits they deserve — from initial claim filing to appeals.

📞 Call 800-536-8080 or visit goebellawfirm.com to schedule a consultation today.

Why Buyers and Sellers in Florida Should Use an Attorney for Their Real Estate Transaction

When it comes to Florida property, the stakes are high and the rules are often unique. An attorney who knows Florida real estate law isn’t just a nice-to-have — for many transactions, it’s one of the smartest investments you can make. Below are critical reasons a buyer or seller should seriously consider engaging legal counsel in Florida.

1. Florida Does Not Require an Attorney — But It Pays to Have One

Unlike in some states, Florida law does not mandate that buyers or sellers use a real estate attorney to close a residential transaction. Title companies and real estate agents can legally provide many of the standard services.

However, while not required, having a licensed Florida attorney ensures that you receive legal advice and fiduciary protection — and that someone is watching out for the hidden legal issues that often arise in Florida.

2. Title Examination & Clearing Title in Florida

In Florida, title problems are common, especially in coastal areas, subdivisions, condominiums, or properties with complex histories. A Florida real estate attorney will:

• Conduct a comprehensive title search to uncover liens, judgments, easements, restrictive covenants, or ownership gaps.

• Identify title “clouds” or defects and work to resolve them before closing (e.g. getting lien releases, correcting recording errors).

• Coordinate or oversee the issuance of title insurance (owner’s and/or lender’s) as a safeguard against unknown claims. j

• Address Florida-specific title concerns such as prior foreclosure defects, unrecorded interests in waterfront or riparian rights, or challenges in historic subdivisions.

In many cases, title companies cannot provide legal advice (they are prohibited from practicing law), whereas an attorney can interpret and fix legal defects.

3. Contract Review, Negotiation & Florida Disclosures

Florida real estate contracts (residential or commercial) often include complex contingencies, disclosures, and statutory duties that many lay parties overlook:

• Florida law requires a seller to disclose known defects or conditions materially affecting the property that are not readily observable.

• Inspection reports, survey discrepancies, or flood-zone issues must be handled carefully. An attorney can interpret if the seller or buyer has obligation to repair, credit, or cancel based on those conditions.

• Florida closings often include provisions for prorations (taxes, assessments, HOA dues) — an attorney ensures the math and allocations are correct.

• If either party fails to satisfy obligations by certain deadlines (e.g. option period, financing contingency), the attorney ensures contract compliance or advises the client whether the contract can be lawfully terminated.

• For properties under special regimes (condominiums, cooperatives, homeowners associations, planned communities), additional legal documents and regulations may apply — an attorney will interpret those governing documents and ensure compliance.

4. Managing the Florida Closing Process

Real estate closings in Florida typically involve multiple parties: lenders, title companies or closing agents, county recording offices, tax offices, surveyors, etc. A Florida attorney:

• Coordinates with all parties to verify that loan documents, title work, payoff statements, and escrow instructions are accurate and timely.

• Reviews the Closing Disclosure, settlement statements, and deed documents to make sure they match expectations and the contract.

• Oversees escrow funds or earnest money to ensure proper handling and disbursal on closing day.

• Ensures the deed is properly executed, acknowledged, and recorded with the county clerk’s office.

• Verifies that all conditions, contingencies, and deliverables are satisfied (e.g., repair obligations, title insurer requirements, municipal code compliance).

• Helps avoid delays or last-minute surprises, such as fee discrepancies, missing documentation, or unrecorded liens.

5. Reducing Legal Risk & Disputes After Closing

Even after the closing, unresolved issues can lead to lawsuits:

• A buyer may bring a claim for misrepresentation or failure to disclose hidden defects. Having had an attorney involved can both mitigate risk and strengthen your defense.

• A seller might face claims for unpaid liens or deficiencies not properly addressed at closing.

• If disputes arise, your attorney is already familiar with the transaction and can represent you seamlessly.

• In estate, trust, or probate-related transfers of property, an attorney ensures that title chains are clear and that proper authority was used in the transfer.

6. Value, Not Just Cost

Many clients worry about legal fees. But consider this: the cost of resolving a title defect, a failed closing, or a breach-of-contract lawsuit is often far higher than the counsel fee. In Florida, many experienced real estate firms offer flat-fee closings to avoid surprise charges.

Moreover, because the attorney-client relationship gives you confidentiality and fiduciary protections, your attorney can often spot issues that title personnel cannot address.

If you’re buying or selling real property in Florida — whether a home, condo, or commercial parcel — you owe it to yourself to work with legal counsel who specializes in Florida real estate and closings.

Contact Goebel Law today for a consultation. We will:

• Review your contract before you sign

• Conduct a full title examination

• Address any title defects or liens

• Coordinate with your lender, title provider, and closing parties

• Guide you through closing day with confidence

• Help protect you against surprises after closing

Let us be your legal partner from contract to “keys in hand.” Reach out at 800-536-8080 or info@goebellawfirm.com, or visit goebellawfirm.com to learn how we help buyers and sellers across Florida close securely and smoothly.

What to Do Immediately After a Car Accident in Florida: A Personal Injury Guide

A motor vehicle accident can be traumatic, but the steps you take right after—while the situation is fresh—can significantly impact your health, rights, and any future personal injury claim. Here's a Florida-specific guide to help you stay safe and protected.

1. Prioritize Safety and Call for Help

• First and foremost, ensure your safety and that of others. Move to a safe location if possible, turn on your hazard lights, check for injuries, and call 911 immediately if anyone is hurt.

•  Under Florida law, you must remain at the scene and report the accident if it involves injuries, death, or property damage (typically over $500). If law enforcement doesn't file a report, you’ll need to file a crash report within 10 days.

2. Exchange Information and Document the Scene

• Legally, you must exchange your name, address, driver’s license, vehicle registration, and insurance details with other involved drivers

• Also, collect witness information, take photos/videos of the scene (including vehicle damage, road conditions, skid marks, and traffic signs), and record vehicle positions before they move.

3. Seek Medical Evaluation—Even If You Feel “Fine”

• Florida law allows just 14 days to seek medical care under PIP (Personal Injury Protection). Delaying could weaken the connection between your treatment and the accident.

• Adrenaline or shock can mask serious injuries like whiplash, concussion, or internal damage. Documentation is essential for both your health and a potential claim.

4. Know Your Insurance Rights

• Florida requires PIP coverage, which covers medical expenses and a portion of lost wages regardless of fault.

• Keep all treatment records, invoices, and PIP documentation to support your claim and ensure timely reimbursement.

5. Adhere to the Legal Deadlines

• Florida's standard statute of limitations for personal injury claims is two years from the accident date. Missing this deadline can forever bar your legal right to compensation.

6. Contact a Personal Injury Attorney When Needed

You should consult a lawyer if:

• Injuries are serious or persist beyond initial treatment.

• You encounter claim denials or insurance disputes.

• The other driver is uninsured or underinsured.

• There's a question of fault or complex circumstances.

An experienced attorney can handle negotiations, collect critical evidence, file legal claims, and fight for full compensation.

Common Mistakes to Avoid After a Car Accident in Florida

While knowing what to do is important, avoiding missteps can be just as critical. Here are the most common mistakes injured drivers make:

• Failing to seek medical care immediately: Waiting too long could jeopardize both your health and your insurance coverage under Florida’s 14-day rule.

• Admitting fault at the scene: Stick to the facts when speaking with law enforcement and other drivers; liability should be determined later based on evidence.

• Not calling the police: Even for seemingly minor accidents, an official report can provide critical documentation for your claim.

• Posting about the accident on social media: Insurers and defense attorneys may use your posts against you.

• Accepting the first settlement offer: Initial offers often undervalue the true cost of medical treatment and future damages.

• Failing to consult an attorney: Without legal advice, you may miss out on significant compensation you are entitled to.

Quick Checklist: What to Do After a Florida Car Accident

Step by Step

1. Prioritize safety, call 911 if needed

2. Report the crash to law enforcement

3. Exchange driver/witness info

4. Document with photos and notes

5. Ask for or file an official crash report'

6. Get prompt medical evaluation

7. Submit all treatment to your insurer

8. Note the 2-year deadline for legal claims

9. Reach out to a personal injury attorney if needed

Final Thoughts

A car accident can disrupt your life—but taking immediate, strategic steps can protect your health and strengthen any personal injury claim. If you've been injured, properly documenting the incident, seeking care quickly, and understanding your rights are powerful ways to safeguard your recovery.

Contact Goebel Law, PLLC today for experienced legal support customized for Florida personal injury laws.

What to Do After a Workplace Injury in Florida: A Step-by-Step Guide

When you're hurt on the job, knowing what to do next can make all the difference for your recovery and your rights. Here’s how to protect yourself and move forward with confidence.

1. Report the Injury Promptly

Notify your employer or supervisor immediately, and no later than 30 days from the incident to preserve your right to benefits; waiting too long may result in claim denial.

Your employer is then required to report the injury to their insurance carrier within 7 days of being notified.

2. Seek Medical Care Without Delay

Get medical attention right away—even if you think the injury is minor. Florida law mandates that you see a doctor authorized by your employer or their insurer—choosing an unauthorized provider may result in denied coverage.

3. Keep Thorough Documentation

Documentation strengthens your claim. Be sure to:

·       Take photos of the injury and accident scene

·       Record witness names and accounts

·       Keep copies of injury reports, medical records, and written communications

·       Track expenses and lost work time

·       Maintain a journal of how the injury affects your daily life

4. Know What Benefits You’re Entitled To

Florida’s workers' comp system is no-fault, meaning you don’t need to prove negligence to get benefits. You may be eligible for:

·       Medical treatment (whole treatment costs covered)

·       Wage loss benefits—typically about 66⅔% of your average weekly wage if you miss more than 7 days.

Be aware: Under Florida law, you typically don’t get paid for the first seven lost workdays, unless your disability lasts longer than 21 days.

5. Know the Key Deadlines

Timely action is vital:

·       Report to employer: within 30 days of injury

·       Employer must report to insurer: within 7 days of notice

·       Insurer must send a rights brochure: within 3 business days of receiving notice

6. Understand the Exclusivity of Workers’ Comp

Once you file a workers’ comp claim, you usually cannot sue your employer—even if they were negligent (there are exceptions, like third-party injuries or employers without coverage).

7. When to Consider Legal Help

Consulting a workers’ compensation attorney can be wise when you encounter:

·       Claim denials or delays

·       Inadequate medical treatment or undervalued disability benefits

·       Pressure to return to work too early

·       Workplace retaliation for filing a claim

A lawyer can guide you through appeals or third-party actions if applicable.

Summary Checklist: What to Do After Getting Injured

1.     Report the injury to your employer promptly

2.     Seek medical care from authorized providers

3.     Document everything—reports, photos, communications

4.     Understand your benefits (medical care, wage replacement)

5.     Meet deadlines for reporting and filing claims

6.     Know your rights under Florida’s workers’ comp system

7.     Call an attorney when your claim is delayed, denied, or disputed

Final Thoughts

If you've been injured at work, taking the right steps now—reporting quickly, keeping good records, and knowing your entitlements—can safeguard your recovery and your rights. Should your case become complicated, an experienced workers’ comp attorney can help ensure you get fair treatment and full benefits.

Contact Goebel Law, PLLC today to protect your rights and get the support you need.

Will vs. Trust in Florida: Choosing the Right Tool to Avoid Probate

When it comes to estate planning in Florida, one of the most critical decisions you’ll make is how to structure the transfer of your assets after death. A Last Will and Testament and a Trust (typically a revocable living trust) serve different purposes—and choosing the right tool can help your loved ones avoid the time, costs, and public exposure of probate.

What Is Probate in Florida?

Probate is a court-supervised process that validates a will and oversees asset distribution, payment of debts, and estate administration. During probate, assets are made public, creditors are notified, and the court monitors each step—often leading to delays, legal complexity, and increased costs.

1. Probate: Yes or No?

• Will: If your estate is governed by a will, it must pass through probate. The court confirms the will's validity and supervises the process of asset distribution.

• Trust: Assets held in a properly funded revocable living trust generally bypass probate entirely, enabling a smoother and faster transfer.

2. Privacy vs. Public Exposure

• Will: Probate makes the will—and thus its contents—a matter of public record. Anyone can access the document and see your estate’s details.

• Trust: A trust arrangement remains private. While deeds for real property may still need public recordation, the trust’s contents and instructions remain confidential.

3. Managing Incapacity

• Will: Only takes effect after death. If you become incapacitated, the court may appoint a guardian to manage your affairs.

• Trust: A successor trustee can step in immediately upon your incapacitation, ensuring continued asset management without court involvement.

4. Flexibility & Control

• Will: You can amend your will through formal methods like codicils or by drafting a new will, both requiring legal formalities.

• Trust: A revocable living trust offers greater adaptability—you can modify beneficiaries, assets, or trustees during your lifetime with less formality.

5. When Wills Still Matter

Even with a trust, having a 'pour-over will' is important. This backstop ensures that any assets not formally transferred into the trust before death are redirected into it through probate.

6. Potential Pitfalls of Trusts

• If assets aren't properly funded into the trust during your lifetime, they may still end up in probate.

• Trusts can incur higher upfront costs and require more maintenance than a simple will.

Quick Comparison

Will (Florida)

• Probate: Required

• Privacy: Public Record

• Incapacity Planning: No

• Flexibility: Amend via Codicil or new Will

• Backup Needed: N/A - primary document

• Cost & Complexity: Generally lower upfront cost

Trust (Revocable Living)

Probate:

• Probate: Avoided (if properly funded)

• Privacy: Private

• Incapacity Planning: Yes - successor trustee manages assets

• Flexibility: Easily modifiable

• Backup Needed: Yes - pour over will recommended

• Cost & Complexity: Higher initial cost, but potentially cost savings later

When Should You Use Each?

• Will Only: Best for individuals with straightforward estates—minimal assets, no real estate, no planning for incapacity.

• Trust (Plus Pour-Over Will): Ideal for anyone with significant assets, real property, multiple beneficiaries, privacy concerns, or who seeks an efficient, court-free transfer.

Many estate planning professionals recommend using both tools together for comprehensive protection and flexibility. Avoiding probate, protecting your privacy, and ensuring continuity in estate administration shouldn’t be left to chance. Let our firm help you design a personalized plan—whether that includes a will, a trust, or both.

Take the Next Step in Your Florida Estate Plan

Contact us today for a consultation tailored to your needs and secure your legacy with confidence.