Founding Attorney · Former Licensed Claims Adjuster
If you are hurt on the job in Florida, workers' compensation is usually where your claim starts. For many injured workers it is also where the claim ends, even when they have a second claim worth far more. Here is how Florida workers' comp works, what it pays, and when you can go beyond it.
How workers' comp works in Florida
Workers' compensation is a no-fault system under Chapter 440 of the Florida Statutes. You don't have to prove your employer did anything wrong, and in exchange you generally can't sue your employer. Most Florida employers must carry coverage: construction businesses with even one employee, most other businesses with four or more, and agricultural employers above set thresholds.
What Florida workers' comp pays
- Medical care: authorized treatment for the work injury, from doctors the insurance carrier approves.
- Wage loss: generally two-thirds of your average weekly wage while you can't work, up to a state maximum adjusted every year.
- Impairment benefits for a permanent injury, based on a rating once you reach maximum medical improvement.
- Death benefits for dependents when a work injury is fatal.
Two details catch people off guard. The first week of lost wages isn't paid unless you are out of work for more than 21 days. And workers' comp pays nothing for pain and suffering, however serious the injury.
Deadlines that can end a comp claim
- Report the injury to your employer within 30 days. Late notice can cost you benefits.
- File a petition for benefits within two years of the injury, or within one year of the last benefit payment or authorized treatment, whichever is later.
- Keep every appointment with authorized doctors. Missed visits give the carrier a reason to suspend benefits.
Can you sue your employer in Florida?
Usually not. Workers' comp is the exclusive remedy against your employer. The exceptions are narrow: an employer that was required to carry coverage and didn't, or conduct that was intentional or virtually certain to cause injury, a standard that is very hard to meet.
Workers' comp vs. a personal injury claim
The two are not either-or. Workers' comp covers your employer. A personal injury claim targets someone else whose negligence caused the injury, known as a third party. That claim can recover what comp never pays: your full lost wages and earning capacity, and pain and suffering.
Common third-party claims in Palm Beach County include:
- A driver who hit you while you were driving or making deliveries for work.
- A manufacturer whose equipment, machine or tool was defective.
- A general contractor or subcontractor, other than your employer, on a construction site.
- A property owner whose unsafe premises caused the injury.
- A security company or other business whose negligence contributed.
Hurt by a machine, tool or piece of safety equipment that failed? The manufacturer may be responsible even if no one was careless.
How product liability works→What happens to comp benefits when you win a third-party claim
The comp carrier has a lien on a third-party recovery for the benefits it paid, reduced in proportion to the attorney's fees and costs of getting that recovery. The two claims have to be coordinated: settle the third-party case carelessly and you can lose future benefits or repay more than you should.
Comp adjusters close files. Nobody at the comp carrier is paid to point you toward the driver or the manufacturer you could also pursue.
An adjuster's view of the comp process
Comp carriers control the doctors, the authorized treatment and the timing of benefits. That is legal, but it means the carrier's doctor carries great weight on when you can return to work. Florida lets you request a one-time change of authorized physician during your treatment, which is worth knowing before you need it.
What to do after a workplace injury
- Report the injury to your employer in writing, and keep a copy.
- Get treatment, and tell the doctor it happened at work.
- Photograph the scene, the equipment and your injuries, and get your coworkers' names.
- Don't sign a settlement or release without understanding exactly what it closes.
- Ask a lawyer whether anyone other than your employer is responsible.
Frequently Asked Questions
- How much does workers' comp pay in Florida?
- For temporary total disability, generally two-thirds of your average weekly wage, up to a state maximum adjusted each year, plus authorized medical care. The first seven days are paid only if you are disabled for more than 21 days.
- Can I get workers' comp and also sue a third party?
- Yes. Taking comp benefits doesn't stop you from suing a negligent third party such as a driver or an equipment manufacturer. The comp carrier is repaid from that recovery through its lien, reduced for fees and costs.
- Can I be fired for filing a workers' comp claim in Florida?
- Florida law prohibits employers from firing, threatening or coercing an employee because of a valid workers' compensation claim.
- Do I have to see the insurance company's doctor?
- For comp benefits, treatment generally has to come from authorized providers. You can request one change of physician during treatment for any one accident.
Injured at work? Beyond workers' comp, you may have a claim against the driver, contractor or manufacturer who caused it. I will tell you what you have.
Workplace injury representation→Think this applies to your situation?
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