To file a workers’ compensation claim in Florida, you report the injury to your employer, get treatment from a doctor the insurance carrier authorizes, and, if the carrier denies or delays benefits, file a petition for benefits with the state. Each step has its own timing rules, and missing one can cost benefits.
Reporting the Injury to Your Employer
Under Section 440.185 of the Florida Statutes, an injured worker must tell the employer about the injury within 30 days of the accident or of the date the injury first showed up.
Missing that window can bar the claim, but the law lists exceptions, including when the employer already knew about the injury or when only a doctor could identify the cause. In that second case, the 30 days run from the medical opinion linking the injury to work, which matters most for injuries that build up slowly, such as repetitive strain from construction work.
Getting Treatment From an Authorized Doctor
Once the injury is reported, the carrier authorizes medical care, and the doctor it approves becomes the authorized treating physician who directs treatment and reports progress to the carrier. That doctor’s opinions carry weight throughout the claim, since they set any work restrictions and are one of the few medical opinions a workers’ compensation judge can consider in a dispute. Florida’s workers’ compensation medical benefits law generally requires a doctor to get the carrier’s approval before treating, except in an emergency, so care from an unauthorized doctor usually is not paid.
Florida law also allows one change of doctor per accident. After a written request, the carrier must authorize a new doctor who is not affiliated with the first within 5 days. If the carrier misses that deadline, the worker may choose the new doctor.
What Benefits Can You Receive After a Workplace Injury in Florida?
Beyond medical care, Florida’s disability benefits law pays wage-replacement benefits based on the worker’s average weekly wage, up to a state maximum. The amount and length depend on how the disability is classified:
| Benefit type | Amount | How long |
| Temporary total disability | 66 2/3% of the average weekly wage | Up to 104 weeks under the statute |
| Temporary partial disability | 80% of the difference between 80% of the average weekly wage and post-injury earnings, capped at 66 2/3% | Counts toward the same 104 weeks |
| Impairment income | 75% of the temporary total rate | 2 to 6 weeks per percentage point of impairment, depending on the rating |
| Permanent total disability | 66 2/3% of the average weekly wage | While the total disability lasts, generally ending at age 75, with exceptions |
Florida courts have extended the temporary total limit to 260 weeks for workers who are still totally disabled and have not reached maximum medical improvement, the point where more treatment is not expected to help.
What If My Employer or Their Insurance Company Denies My Claim?
A denial or delay is challenged through a petition for benefits filed with the Office of the Judges of Compensation Claims, which accepts petitions electronically. Florida’s benefit dispute law requires the petition to specifically identify details such as:
- Contact information for the worker and the employer
- A detailed description of the injury and how it happened, including where and when the accident occurred
- A description of the job and the task the worker was doing at the time
- The specific benefits being claimed and the time period they cover
- Any unpaid medical bills, with each provider, amount, and treatment date
A petition missing required details can be dismissed. For workers without a lawyer, the Office of the Judges of Compensation Claims can ask the state’s Employee Assistance and Ombudsman Office to help prepare one. Once a petition arrives, the carrier has 14 days to pay the benefits or file a response.
If someone other than the employer caused the injury, such as a negligent driver, there may also be a separate personal injury claim alongside workers’ compensation.
How Long Do You Have to File a Workers’ Compensation Claim in Florida?
Under Section 440.19 of the Florida Statutes, a petition for benefits generally must be filed within two years of when the worker knew or should have known the injury was work-related. A benefit payment or authorized medical care extends that deadline so it runs at least one year from the date of the payment or care. That extension does not apply to disputes over whether the injury is covered, the date of maximum medical improvement, or the permanent impairment rating, so the exact deadline depends on the claim’s payment history.
Can My Employer Fire Me for Filing a Workers’ Compensation Claim?
Florida law bars an employer from firing, threatening, intimidating, or coercing an employee because of a valid workers’ compensation claim or an attempt to file one. A worker who faces that kind of retaliation for a workers’ compensation claim may have a separate claim against the employer, apart from the benefits claim.
Get Help Filing a Workers’ Compensation Claim in Florida
A workplace injury brings enough stress without a carrier that stops returning calls. Smith, Feddeler & Smith, P.A. is prepared to take a case all the way to trial when a carrier will not offer a fair result, and insurers know it. Call our Lakeland office at (863) 355-4204 or contact us today for a free case evaluation, and let our team help you file a workers’ compensation claim in Florida.
