Workers’ Comp FAQ

Frequently Asked Questions About Workers’ Compensation in Florida

What is workers’ compensation?

Workers’ compensation is a type of insurance employers hold that offers benefits to employees with a job-related injury or illness. These benefits can help pay for lost wages, medical expenses, and legal fees.

Is workers’ compensation insurance mandatory for Florida employers?

In Florida, all employers with at least four employees must offer workers’ compensation coverage. Construction industry employers are required to offer workers’ compensation coverage if they have one or more employees.

What are some common injuries in workers’ compensation claims?

Workers’ compensation can cover almost any illness or injury an employee experiences as a direct consequence of fulfilling their job duties. Common injuries include, but are not limited to, broken bones, muscular injuries, bulging discs or herniated discs in the neck or back, torn meniscus or torn ACL in the knee, torn labrum or rotator cuff in the shoulder, injuries to the wrist, ankle, or foot, traumatic brain injuries, exposure to hazardous materials, burns, and psychological injuries.

How can I qualify for workers’ compensation in Florida?

You must be an employee, work for an employer who carries workers’ comp insurance, have a work-related injury, and meet the statute of limitations for reporting your injury to qualify for workers’ compensation benefits.

What is the difference between a workers’ compensation claim and a third-party claim in Florida?

Unlike many personal injury cases, your employer’s negligence does not necessarily need to be the cause of your illness or injury as long as it occurred on the job. You can pursue a third-party claim in addition to a workers’ compensation claim when someone other than your employer caused the workplace accident. This type of claim differs from a workers’ compensation claim in two critical ways: it requires you to prove negligence by the third party and may allow you to pursue additional damages like pain and suffering. On the other hand, the workers’ compensation system is a no-fault system.

How much time do I have to report my injury to my employer in Florida?

According to Florida statutes, you should report your injury as soon as you can but no later than 30 days after the date of or initial manifestation of the injury unless other conditions apply — or your claim may be denied.

Will I be paid if I lose time from work due to an injury in Florida?

Under Florida law, you will not receive pay for the first seven days of disability. However, if your disability extends to over 21 days, causing you to lose time from work, the insurance company may pay you for the first seven days.

Can my employer fire me if I cannot work due to an injury and I am receiving workers’ compensation benefits in Florida?

No, it is against the law for an employer to fire an employee for filing or attempting to file a workers’ compensation claim.

How can a workers’ compensation attorney help me in Florida?

A knowledgeable and experienced workers’ compensation attorney can protect your rights and pursue fair compensation. An attorney can be particularly helpful to you under any of the following conditions:

• Your employer won’t acknowledge your claim
• You worry that you have missed the statute of limitations
• The insurance company has not provided you with adequate compensation
• The insurance company has denied your claim.