Florida Workers' Compensation FAQs

Americans hurt at work often have serious and important questions about their injuries, the work comp system in their state, and many others. Below are just some of the frequently asked questions (FAQs) workers’ compensation lawyer Kevin Moore hears and helps provide answers to. If your questions are not answered here or you need more information, please call Mr. Moore or send your questions through his online email contact form.

Workers’ Compensation FAQs

How do I report a work-related injury, and what are the deadlines?

In Florida, injuries should be reported to the employer as soon as possible, but no later than 30 days after the incident or when you knew or should have known you were injured. Delays beyond this period may result in claim denial, so it is advisable to always notify your employer in writing via email and/or text.

Can I choose my own doctor for treatment under workers’ compensation?

In Florida, the employer’s insurance company selects and controls medical treatment. There is a provision within the law that injured workers can request a one-time change of physician, which is one time for the life of the case and within all specialties. The use of this change is a critical decision that can have a significant impact on the case.

What benefits are available through workers’ compensation?

Benefits typically cover medical expenses, a portion of lost wages, and compensation for permanent impairments. Specifics depend on the injury’s severity and impact on work capabilities.

How long do I have to file a workers’ compensation claim?

In Florida, a formal claim in the form of a Petition for Benefits must be filed within two years from the date of injury. Failing to do so may forfeit eligibility for benefits, and the statute of limitations for your case will expire.

What should I do if my employer doesn’t report my injury to their insurance company?

If you don’t know the workers compensation insurance company, it may be posted in a break room or other location at the employer. A workers comp lawyer would have the ability to locate the insurance company and file the appropriate documents on your behalf.

The injured worker can also contact the insurance company directly or seek assistance from the Employee Assistance Office of the Florida Department of Financial Services at (800) 342-1741.

Can I receive compensation for pain and suffering?

Workers’ compensation in Florida does not provide benefits for pain and suffering. The workers’ comp system is designed to cover medical expenses and lost wages related to the injury, with a focus on returning the injured worker back to employment as quickly as possible.

What happens if my workers’ compensation claim is denied?

If a claim is denied, the injured worker can file a Petition for Benefits (PFB) with the Office of the Judges of Compensation Claims (OJCC). Filing a PFB can be complicated, and it is best to have an attorney file this document in the appropriate location based on where you were injured.

Are workers’ compensation cases public records?

Yes, workers’ compensation cases are public records in Florida. However, certain personal information, such as Social Security numbers and residential addresses, is kept confidential.

Can my employer retaliate against me for filing a workers’ compensation claim?

No, it is illegal for employers in Florida to retaliate against employees for filing a workers’ compensation claim. However, it is important to note that Florida is also an at-will employment state, meaning an employer can fire a worker at any time for almost any reason (except for discrimination, retaliation, or contract violations).

How long do workers’ compensation wage benefits last?

In Florida, many internet sites say that wage benefits last up to a maximum of 140 weeks or until the employee reaches maximum medical improvement. This information is actually FALSE as benefits can last up to 260 weeks or 5 years if the doctor has you out of work or on limited duty.

Can I report my employer for not having workers’ compensation insurance?

Yes. To report an employer that you suspect is violating the Workers’ Compensation coverage requirements, please click on the link below and then the first button to create a new referral to the State of Florida.

https://apps.fldfs.com/NonCompliance_Referral/mainpage.aspx

Additional Frequently Asked Questions

If you have additional questions, explore the FAQs below.

Contact The Law Firm of Kevin A. Moore

Don’t face a work injury alone. Contact a skilled Florida workers’ compensation lawyer from the Law Firm of Kevin A. Moore for a free case evaluation today.