Florida Workers Compensation Laws: What Employees and Employers Need to Know

Florida Workers Compensation Laws at a Glance

Florida workers compensation laws create a no-fault system that pays for medical care and a portion of lost wages when a worker is hurt on the job, regardless of who was at fault. Most private employers with four or more employees must carry workers' compensation insurance, and construction employers must cover even one employee. The system is governed by the Florida Statutes, primarily Chapter 440, and administered by the Florida Division of Workers' Compensation.

Unlike some states, Florida allows employers to dispute claims and uses an independent medical exam process. The state also has a unique threshold for permanent impairment that can shift a case from temporary benefits toward a permanent settlement.

Who Is Covered and Who Must Carry Insurance

Under Florida workers compensation laws, the following groups are generally covered:

• Employees of non-construction businesses with four or more workers
• All construction employees, including subcontractors and site supervisors
• Agricultural workers employed by employers with six or more regular seasonal workers or twelve or more total workers
• Certain governmental employees, including state and county workers

Sole proprietors and partners are not automatically covered unless they elect to be, and corporate officers can exclude themselves unless they choose inclusion. Independent contractors are typically not covered unless a court determines they are legally employees under a multi-factor test.

Reporting Your Injury and Filing a Claim

Florida workers compensation laws impose strict deadlines. An injured worker must give written notice of the injury to the employer within 30 days, though the clock starts earlier if the condition is occupational and develops over time. The employer must then report the claim to its insurance carrier and the division within seven days of learning about the injury. The worker has two years from the date of injury or last compensation payment to file a formal petition with the Florida Division of Workers' Compensation.

Benefits and Duration of Payments

Benefit types include:

• Temporary total disability payments, equal to 66 and two-thirds percent of the worker's average weekly wage, capped by a statutory maximum that adjusts annually
• Temporary partial disability payments when the worker returns to work at lower wages
• Medical treatment reasonably necessary to treat the accepted condition
• Impairment income benefits once the worker reaches maximum medical improvement and a permanent impairment rating is assigned

Impairment income benefits are paid for a maximum of 75 weeks for ratings of 1 percent through 10 percent and continue for longer for higher ratings. Death benefits are available to dependents if a workplace injury causes a fatality.

Disputes, Independent Examinations and Litigation

Florida workers compensation laws allow employers and insurers to request an independent medical examination when they dispute the nature or extent of an injury. The division may order compulsory payment of a portion of the dispute if the parties cannot agree. If benefits are denied, the worker can file a formal claim with the division, which is handled by a judge of compensation claims. Mediation is often required before a hearing.

Permanency and Settlement Options

When a worker reaches maximum medical improvement, a permanent impairment rating is assigned using the American Medical Association Guides. Florida workers compensation laws permit a lump-sum settlement of future impairment income benefits once the worker has received at least 21 weeks of those benefits. The settlement must be approved by a judge and the worker must understand the trade-off of giving up future payments for a single payment.

Employer Obligations and Penalties

Employers must carry workers' compensation insurance or secure a self-insurance approval. Failure to comply can result in stop-work orders, penalties, and exposure to lawsuits in limited circumstances. Florida workers compensation laws also require employers to display the required notice poster in a conspicuous location and to provide information about the insurance carrier to employees.