Brian O Sutter Premises Liability Workers’ Compensation

If you’ve been hurt on the job in Port Charlotte, Sarasota, or anywhere in Southwest Florida, your medical bills should not come out of your pocket. Florida workers’ compensation law is designed to protect you — but only if you understand how it works. At All Injuries Law Firm, we’ve been helping injured workers navigate these laws for more than 35 years.

“We’ve represented thousands of workers across Southwest Florida,” says Attorney Brian O. Sutter, Board Certified in Workers’ Compensation Law. “And one of the biggest concerns they have is whether they’ll be buried in medical bills after an accident. The good news is — they shouldn’t be.”

What Medical Bills Does Workers’ Comp Cover in Florida?

Short answer: All authorized treatment related to your work injury should be fully covered by your employer’s insurance — with no deductibles, co-pays, or out-of-pocket costs before you reach Maximum Medical Improvement (MMI).

This includes:

• Emergency room treatment
• Hospital stays, surgery, and specialist visits
• Medication and medical devices (like braces or crutches)
• Physical therapy and rehabilitation
• Mileage reimbursement to and from appointments

“Even part-time employees have full medical coverage under Florida comp law,” adds Attorney Bryan Greenberg, who is Board Certified in Workers’ Compensation. “If your treatment is authorized, the insurance company has to pay — period.”

Authorized Providers: Why You Can’t Just See Any Doctor

Under Florida workers’ comp law, your treatment must come from a medical provider authorized by the insurance company — or they don’t have to pay.

What this means:

• You must get referred to a doctor by your employer or their insurance carrier.
• In an emergency, go to the nearest hospital — that visit will generally be covered.
• But afterward, all ongoing care needs to be through approved providers.

📍 Tip from our Port Charlotte office: We've helped many clients resolve billing issues after visiting unauthorized clinics by mistake. Always call us first to make sure your treatment is covered.

“You’d be amazed how many good, hardworking people unknowingly create problems by seeing their own doctor without checking first,” says Sutter. “It’s avoidable — and fixable — but best to do it right from the start.”

No Deductibles or Co-Pays Until MMI

Florida’s workers’ comp system is designed to be cost-free for injured workers — until you reach a stage of recovery known as Maximum Medical Improvement.

✅ What’s covered with $0 out-of-pocket:

• All authorized medical bills
• All diagnostics and imaging
• Approved medications
• Medical equipment and supplies
• Mileage to and from appointments

❌ What’s not allowed:

• No deductibles
• No balance billing (illegal under Florida law)
• No co-insurance

💡 If you receive a bill for authorized treatment, that’s a red flag — and possibly a violation of Florida Statute 440.13. Our attorneys can quickly resolve this.

Is There a Limit to Medical Care?

There’s no set dollar cap on your care — only a medical necessity standard. If your doctor says you need it and it’s related to your injury, the insurance company should cover it.

The only time you might pay out-of-pocket?

👉 Once you reach Maximum Medical Improvement (MMI), you may owe a $10 co-pay per visit for ongoing care. That’s it.

“Even that $10 co-pay doesn’t apply until you’ve plateaued in your recovery,” Greenberg explains. “Until then, Florida law says the insurance company must cover 100%.”

Don’t Pay Medical Bills Without Understanding Your Rights

Many injured workers in Charlotte County and surrounding areas panic when they receive bills. But before you write a check:

• Make sure the care was authorized.
• Confirm the provider billed workers’ comp correctly.
• Talk to a lawyer if anything seems off.

“We’ve seen clients bring in thousands in bills that never should’ve been sent to them,” says Sutter. “Our team gets those wiped out and redirected to the insurer where they belong.”

✅ Bottom line: If you follow the process, your medical bills should be fully covered — not left to you. If you’re seeing charges for care tied to a workplace injury, it’s time to get legal backup.

Are You Covered? How Florida Workers’ Comp Handles Part-Time, Gig, and Uninsured Work Situations

Not every worker injured on the job has the same employment situation — and not every employer follows the law. Whether you’re part-time, labeled an “independent contractor,” or working for a small business without insurance, you still have rights.

“We’ve helped retail workers, waitstaff, contractors, landscapers — you name it,” says Attorney Bryan Greenberg. “Injured workers are often told they’re not eligible for coverage when they actually are. Don’t take your employer’s word for it. Know the law.”

Medical Coverage for Part-Time Employees in Florida

Yes, part-time employees are covered. Florida workers’ compensation law does not limit medical benefits based on the number of hours worked.

• If you’re on the payroll and your employer is required to carry workers’ comp, you’re entitled to full medical coverage.
• You still get 100% paid medical treatment, just like a full-time employee.
• The only difference may be in wage replacement (based on your average earnings), not your right to care.

“I’ve represented part-time restaurant servers and retail workers here in Port Charlotte who got their surgeries and therapy fully paid through workers’ comp,” says Greenberg. “The insurance company doesn’t get to say ‘you’re just part-time’ — that’s not how Florida law works.”

✅ Florida law requires:

• Non-construction businesses with 4+ employees to carry workers’ comp
• Construction businesses with just 1 employee to carry it

That includes part-timers in the employee count.

Misclassified as an Independent Contractor?

Many Florida workers are labeled “independent contractors” — but that doesn’t always mean they actually are.

• If your employer controls your schedule, tools, and duties, you might legally be an employee.
• If you’re hurt and the company says you’re “not covered” because you’re a contractor — talk to a lawyer right away.

“We’ve caught dozens of businesses trying to misclassify injured workers to avoid paying benefits,” says Attorney Brian Sutter. “They say, ‘You’re a contractor,’ but the law says otherwise — and that’s what counts.”

⚠️ If you truly are an independent contractor:

• You won’t be covered by workers’ comp through the company.
• You’ll need to rely on personal health insurance or pursue a personal injury lawsuit — a more complex situation that demands legal guidance.

What If Your Employer Has No Workers’ Comp Insurance?

Sadly, this happens — especially in small businesses, high-risk jobs, or certain trades where insurance premiums are steep.

📍In Florida, it’s illegal for an employer to skip workers’ comp coverage if the law requires it. But if you’re injured and your employer has no insurance, here’s what you can do:

✅ You Can File a Lawsuit

Normally, workers’ comp is your only legal remedy. But when your employer fails to carry insurance:

• You can sue them directly for negligence.
• You can pursue damages like medical bills, lost wages, and pain and suffering — things workers’ comp doesn’t always cover.

“We handled a Charlotte County case where a warehouse worker broke his leg and the company had no insurance,” says Sutter. “We filed suit and pushed them to personally cover the surgery and therapy. Without legal action, the worker would’ve been stuck with every bill.”

🛑 Important: Suing an employer is often a longer and more difficult road — and recovering money depends on whether the employer has assets or other coverage (like property insurance). But you still have rights.

Coverage for Seasonal Workers, Volunteers, and Special Cases

Even workers in less traditional roles may be covered:

• Seasonal workers (e.g., tourism, farming, landscaping) are generally eligible if the employer is required to carry insurance.
• Volunteers at government or nonprofit organizations may be covered under special provisions.
• Agricultural workers are covered based on the size and structure of the employer.

If you’re unsure, always ask.

“We've seen home health aides, delivery drivers, and seasonal farmworkers all get medical bills paid through workers’ comp — even when the employer said they weren’t eligible,” Greenberg notes. “Every case deserves a second look.”

Key Takeaway for Charlotte County Workers

✅ If you’re on the payroll, even part-time, and your employer is legally required to carry insurance — you’re entitled to full medical coverage under Florida workers’ comp.

⚠️ If your employer has no insurance, or says you’re a “contractor” — don’t accept that at face value. Call a local workers’ comp attorney who can investigate and pursue legal remedies.

At All Injuries Law Firm, we’re here to ensure injured workers in Port Charlotte, Punta Gorda, Sarasota, and across Southwest Florida don’t get stuck with medical debt because of employer misconduct or misclassification.

“When you’re hurt, your focus should be on recovery,” says Sutter. “We take on the legal battle — whether that means filing a comp claim or a lawsuit — to make sure you get the care you need.”

No Out-of-Pocket Costs? Here’s What That Really Means for Florida Injured Workers

One of the biggest benefits of Florida’s workers’ comp system is that you don’t pay medical bills out of your own pocket — if everything is done right.

But when bills do show up, it’s usually because of a breakdown in the process. Whether it’s a paperwork mistake or an unauthorized provider, you should never assume you have to pay.

“When a client walks in with a $5,000 hospital bill for a work injury, the first thing we say is: ‘Don’t panic. We can fix this,’” says Attorney Bryan Greenberg. “Most of the time, that bill isn’t the worker’s responsibility.”

What “No Out-of-Pocket” Really Covers in Florida Workers’ Comp

If your treatment is authorized under a valid workers’ compensation claim:

✅ You pay:

• $0 for deductibles
• $0 for co-insurance
• $0 for doctor visits, tests, or prescriptions

❌ You cannot be:

• Balance billed (i.e., billed for the difference after insurance payment)
• Charged for authorized emergency or follow-up care
• Sent to collections for covered medical care

“Florida law is very clear — if your workers’ comp claim is accepted and your care is authorized, you don’t owe anything upfront,” notes Attorney Brian Sutter. “And if a provider tries to bill you anyway, we shut that down fast.”

Common Billing Mistakes — and What You Should Do

Even when everything’s supposed to go through workers’ comp, mistakes still happen. Here’s what to watch for:

📬 You Receive a Medical Bill

This often happens because:

• The provider didn’t get the workers’ comp insurance information.
• The treatment wasn’t pre-authorized.
• The employer never filed the injury with the insurer.

What to do:

• Don’t pay the bill immediately.
• Contact the provider’s billing office and give them the workers’ comp claim number.
• If the billing office refuses to cooperate, forward the bill to your attorney.

“Our firm routinely handles these with one call or letter,” says Sutter. “We cite the law, send the insurer’s info, and demand the provider stop billing the worker directly. That usually ends it.”

What About Medications and Medical Devices?

Authorized prescriptions, braces, and devices are covered — but you may need prior approval. If something’s expensive or not on the standard list, the insurer may try to delay or offer a generic substitute.

🎯 Tip: Always have your authorized provider handle the prescription paperwork — and never pay out of pocket at the pharmacy without checking with your lawyer.

The Only Exception: The $10 MMI Copay

Once you’ve reached Maximum Medical Improvement (MMI) — meaning your injury has healed as much as it can — Florida law allows a $10 co-pay per visit for continued treatment related to the injury.

That’s it.

“It’s important to know: that $10 doesn’t kick in until your doctor says you’ve reached MMI,” Greenberg explains. “Before that point, you shouldn’t be paying anything out of pocket — not even a penny.”

Example: Fixing a Billing Error in Charlotte County

A Port Charlotte roofer came to us after getting invoices for physical therapy he thought was covered. The workers’ comp insurer had approved surgery but never signed off on therapy. The clinic began billing him directly.

We:

• Contacted the insurer and demanded they authorize therapy based on the surgeon’s notes.
• Got the bills paid retroactively.
• Made sure the clinic stopped sending collection letters.
• Reimbursed the client for what he had already paid out-of-pocket.

“Without legal help, that worker might have stopped therapy early or racked up more debt,” says Sutter. “Instead, we got his bills paid and his recovery back on track.”

Bottom Line for Southwest Florida Workers

You should not be paying medical bills for an on-the-job injury.

If you’re seeing invoices, receiving collection calls, or getting pressure to pay for care related to your workers’ comp case, it’s a sign something’s wrong in the system — and it can usually be corrected.

At All Injuries Law Firm, we protect workers in Port Charlotte, Sarasota, Punta Gorda, and beyond from being financially harmed by a system that’s supposed to support their recovery.

“Medical debt ruins lives. That’s why we take every unauthorized bill, denial, or collection threat seriously,” Greenberg says. “You focus on healing — we’ll take care of the rest.”

When Workers’ Comp Doesn’t Pay: Denials, Disputes, and What to Do Next

Florida law is designed to protect injured workers — but that doesn’t stop insurance companies from denying claims, delaying approvals, or rejecting needed treatment. When that happens, medical bills can pile up fast.

“Many of our clients come to us after the system breaks down,” says Attorney Brian Sutter. “They’re doing everything right — reporting the injury, following doctor’s orders — but still facing denials. That’s when having legal support makes all the difference.”

Scenario 1: Your Entire Claim Is Denied

Sometimes, the insurance company refuses to cover your injury at all. Common excuses include:

• “It didn’t happen at work.”
• “You waited too long to report it.”
• “It was caused by a preexisting condition.”

📬 If you receive a denial letter, don’t assume it’s the end of the road.

What you can do:

• File a Petition for Benefits to formally challenge the denial.
• Work with a workers’ comp attorney who can present medical evidence, witness statements, and legal arguments before a judge.
• Use personal health insurance temporarily (if available) and seek reimbursement later.

“I’ve seen denials reversed at hearings after we presented clear evidence the injury was work-related,” says Attorney Bryan Greenberg. “But timing is critical — don’t wait too long to act.”

Scenario 2: Your Claim Was Approved — But Treatment Is Denied

You may have an accepted workers’ comp case, but the insurer refuses to approve:

• An MRI, CT scan, or surgery
• A prescription medication
• Continued physical therapy
• A referral to a specialist

🔍 This is one of the most common disputes we handle.

How we respond:

• Contact the insurance adjuster for clarification or to resolve paperwork errors.
• Request an Independent Medical Examination (IME) from a neutral doctor.
• File a formal petition to get a workers’ comp judge to order approval.

“Insurers often deny care hoping you’ll give up,” Greenberg explains. “But once they see you’ve hired a lawyer, they tend to take the claim much more seriously.”

Scenario 3: You Got Treatment — But It Was Deemed “Unauthorized”

This can happen if:

• You sought care on your own before getting insurer approval.
• You moved out of state and visited a local doctor without prior authorization.
• A clinic gave you the impression it was approved — when it wasn’t.

What we do:

• Try to negotiate with the insurer to retroactively approve the care.
• Work with the provider to reduce the bill or delay collection until your case settles.
• If appropriate, include the unpaid bills in your settlement demand.

“We had a client in Punta Gorda who paid $500 out-of-pocket for a specialist visit,” says Sutter. “Once we stepped in, we got the claim accepted and those expenses reimbursed.”

Scenario 4: You’re Getting Collection Notices

Even when a bill should be covered, mistakes or delays can cause it to go into collections. This is stressful and can hurt your credit — but it’s often fixable.

What we do for you:

• Contact the provider and the collection agency.
• Send legal notice citing Florida’s prohibition against balance billing for comp cases.
• File complaints if necessary under Florida Statute 559.72(9) — the state’s debt collection law.

“We don’t let our clients get harassed over bills the insurer should have paid,” Sutter emphasizes. “We’ve stopped collections in their tracks with a single letter.”

Scenario 5: You’re Working for an Uninsured Employer

As covered earlier, if your employer failed to carry workers’ comp insurance, you can file a lawsuit for negligence.

But what about your care in the meantime?

Here’s how we help:

• File a civil suit to recover your medical costs and other damages.
• Connect you with medical providers who will treat you on a Letter of Protection (LOP) — meaning they’ll wait to be paid until the case is resolved.
• Explore whether a general contractor or third party may be responsible under Florida law.

“In construction-heavy areas like Charlotte County, we’ve had success holding general contractors accountable when a subcontractor failed to insure their workers,” Greenberg notes.

Summary: You Have Options — And We’ll Help You Use Them

Whether your treatment is denied, delayed, or misclassified — you are not powerless.

At All Injuries Law Firm, our workers’ comp attorneys use every tool available:

• Petitioning the court
• Negotiating with providers
• Shutting down collections
• Finding creative ways to get your care covered

“Injured workers deserve medical care — not debt collection notices and legal loopholes,” says Sutter. “That’s what we’re here for. We know the system, and we’ll make it work for you.”

How Our Attorneys Help You Fight Medical Bills After a Work Injury in Southwest Florida

Trying to recover from a serious injury is hard enough. When you’re also fielding calls from doctors, insurance adjusters, and billing departments — it becomes overwhelming. That’s where the legal team at All Injuries Law Firm steps in.

Whether you're in Port Charlotte, North Port, Englewood, or Venice, Florida, we serve workers throughout Charlotte and Sarasota Counties who are struggling to get their medical care covered after a workplace accident.

“Your only job after an injury should be healing,” says Attorney Brian Sutter, who has been representing local workers for over 35 years. “We take on the insurance company, the billing errors, and the denials — so you don’t have to.”

What We Do: Full-Service Medical Bill Management for Work Injury Claims

✅ 1. Ensure All Benefits Are Paid

We monitor every part of your claim to make sure the insurer:

• Pays for all authorized treatment on time
• Covers prescriptions, therapy, and diagnostic tests
• Reimburses you for mileage and approved out-of-pocket costs

If they delay or underpay, we push for penalties and interest under Florida law — holding them accountable.

✅ 2. Dispute Denials and Fight for Care

When a treatment is denied or delayed:

• We gather doctor statements, expert opinions, and records
• File Petitions for Benefits to bring your case before a judge
• Advocate directly with the insurer to get approvals fast

“We helped a North Port electrician get back surgery after an insurer claimed it was a ‘pre-existing condition,’” recalls Attorney Bryan Greenberg. “We fought it, brought in two medical experts, and won the care he needed.”

✅ 3. Stop Illegal Billing and Collections

If a provider sends you a bill or a debt collector calls you for authorized care:

• We send cease-and-resist letters citing Florida’s workers’ comp laws
• Work directly with billing departments to redirect invoices to the insurer
• File complaints against unlawful collection activity if needed

“One of our Englewood clients was facing collections over a therapy bill that was supposed to be covered,” says Sutter. “We had it wiped out with one legal letter — and the clinic never called again.”

✅ 4. Handle Liens and Third-Party Payments

Sometimes your private health insurance, Medicaid, or VA benefits pay for treatment while your comp claim is in dispute. These entities may file a lien to get paid back from your settlement.

We:

• Negotiate lien reductions so you keep more of your recovery
• Ensure providers comply with Florida law and don’t overreach
• Handle all lien resolution as part of your case strategy

“In a case out of Venice, the client’s Medicaid covered surgery while we fought for workers’ comp approval,” says Greenberg. “We got the insurer to pay and reduced the Medicaid lien by 40%, putting more money in the client’s hands.”

✅ 5. Pressure Insurers to Stop Stalling

Insurers often delay authorizing specialists, dragging out necessary treatment.

We:

• Demand timely responses from adjusters
• Enforce Florida's response deadlines under Chapter 440
• Escalate slow responses to mediation or trial when needed

Simply having an attorney involved often forces adjusters to act faster — especially when they know we’re willing to litigate.

✅ 6. Offer Local Guidance and Peace of Mind

Our clients are from your neighborhoods — from the waitresses in Port Charlotte to construction workers in North Port, to delivery drivers in Englewood and retirees doing part-time work in Venice.

We know the local medical providers. We know the insurers. We’ve seen their playbook.

“Many injured workers feel alone,” says Sutter. “But in Charlotte and Sarasota Counties, we’ve helped thousands. When you work with us, you’re getting a team that lives and works in this community — and fights for it.”

Real Results, Right Here in Southwest Florida

Case 1: Port Charlotte Roofer Denied Therapy

• Injury: Fall from ladder; insurer paid for surgery but refused physical therapy
• Action: Filed petition, presented medical evidence
• Result: Therapy approved and paid in full; client reimbursed for prior sessions

Case 2: Venice Waitress Hit With Unauthorized Bills

• Injury: Knee sprain from slip at work; sought care at local urgent care without authorization
• Action: We negotiated with the clinic, secured retroactive approval from insurer
• Result: Clinic stopped billing; bills absorbed by comp insurer

Case 3: Englewood Landscaper Working for Uninsured Employer

• Injury: Severe back strain; employer had no comp coverage
• Action: Filed negligence suit, located property insurance policy
• Result: Client’s surgery and rehab paid by settlement, with additional compensation for lost time

Bottom Line: We Handle the System So You Can Heal

From Port Charlotte to Venice, and across all of Southwest Florida, we help injured workers navigate the maze of medical bills and insurance delays. We handle:

• Medical approvals and denials
• Debt collections and billing disputes
• Lien negotiations
• Employer misconduct
• And every detail in between

“If you’ve been injured at work and the bills are coming in, it’s time to talk to us,” says Greenberg. “We’ll protect your rights, and we won’t let you face this alone.”

Free Consultation. No Upfront Costs. Real Local Results.

At All Injuries Law Firm, we:

• Offer free consultations — so you can understand your options without risk
• Don’t charge you anything out of pocket — we’re paid only when we get results
• Work directly with local hospitals, adjusters, and providers
• Know how to win in Charlotte and Sarasota County courts

✅ You don’t need to be a legal expert — that’s our job. Your job is to get better.

📞 Contact us today to schedule a free consultation and get help managing your workers’ comp medical bills.