Florida Workers' Compensation: Fast Facts

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Coverage Requirements Under Florida State Law

Any business with at least four part-time or full-time employees must have Florida workers' compensation insurance.

Work-Related Injury or Illness Reporting Requirements

Report the injury or illness to your employer right away and ask which authorized provider you can see for treatment. You must tell your supervisor about your work-related injury or illness within 30 days of your incident date. If you seek medical care before reporting the issue to your employer, you may lose your right to workers' compensation. Your employer also has the right to drug test any injured or sick worker who applies for workers' compensation. Florida law says your employer may terminate your job and deny you benefits if you fail this drug test.

Where to Seek Medical Care

Your employer's insurance carrier must choose the doctor that treats your job-related injury or illness. If you see your doctor instead, Florida workers' comp will not cover your medical bills.

Waiting Period for Lost-Wage Benefits in Florida

Your first 7 missed work shifts are always unpaid unless you're out and recovering for at least three weeks. Once you miss 22 workdays in a row, your employer's insurer will pay you back for that first week off. If you don't need at least 8 days off work after your accident, you'll only qualify for medical benefits.

Florida Workers' Compensation Statute of Limitations

You have no more than two years to file your Florida workers' compensation claim for benefits.

Florida Weekly Compensation Rate

You can receive 66 2/3% of Florida's gross average weekly wage in lost-wage benefits paid once every 2 weeks. This amount is subject to the state's current maximum and minimum benefit limits approved for each calendar year. Severe injuries may qualify for 80% of your average weekly wage amount paid biweekly for no more than 6 months.

How Long You Can Receive Florida Workers' Comp Benefits

  • Medical benefits: unlimited
  • Death benefits: lump-sum payment of $7,500 for funeral and burial expenses and up to $150,000 in benefits to surviving dependents
  • Temporary Total Disability (TTD): up to 104 weeks
  • Temporary Partial Disability (TPD): up to 104 weeks
  • Permanent Partial Disability (PPD): typically involves a lump-sum payment on reaching maximum medical improvement
  • Permanent Total Disability (PTD): biweekly until the injured worker turns 75 years old

Florida Workers' Comp Coverage Exemptions

The following employees are automatically exempt from Florida workers' compensation coverage:

  • Casual employees
  • Certain entertainers (i.e., bands, orchestras, DJs, and performers in musicals or theater-based productions)
  • Farmers with no more than 6 full-time or 11 seasonal employees working 30 days or less
  • Federal employees
  • Independent contractors working outside of the construction industry
  • Licensed real estate brokers
  • Sole proprietors, their partners, and corporate officers who elect to exempt themselves from workers' compensation coverage
  • Some sports officials
  • Drivers working for Lyft, Uber, or local taxicab companies

Florida Workers' Compensation Attorney Fees

Florida workers' compensation lawyers work on contingency. Under state law, they can charge you the following legal fees:

  • 20% of the first $5,000 of your settlement award
  • 15% of the next $5,000
  • 10% of any additional amount you get during the first 10 years after settling your claim
  • 5% of any amount you receive after 10 years pass from your claim settlement date