How to File a Workers' Comp Claim in Florida
Florida's workers' compensation system covers most employees. If you've been hurt on the job, here's what to do.
In this guide:
Step 1: Report Your Injury
Report your injury to your employer within 30 days. Tell your supervisor as soon as possible and put it in writing.
Your employer must then report the injury to their insurance carrier within 7 days, and the carrier files the First Report of Injury or Illness with the Florida Division of Workers' Compensation.
Step 2: Get Medical Treatment
In Florida, your employer's insurance company controls your medical care. They will authorize a doctor for you.
- - You do NOT have the right to choose your own doctor (except in an emergency).
- - You may request a one-time change of doctor through the insurer.
- - If the insurer fails to provide care, you may be able to choose your own doctor.
See a doctor promptly. Delays in treatment can be used to argue the injury isn't work-related.
Step 3: Filing Process
In Florida, the claim process starts when your employer reports the injury. Unlike some states, there's no separate employee claim form to file with the state.
If your employer fails to report the injury, or if your claim is denied, you can file a Petition for Benefits (PFB) with the Office of the Judges of Compensation Claims (OJCC).
Important deadlines: - Report to employer: 30 days - Petition for Benefits: 2 years from injury date - Death claims: 2 years or 1 year from last payment
Benefits in Florida
Temporary Total Disability (TTD): 66.67% of your average weekly wage if you can't work at all. Maximum of 104 weeks.
Temporary Partial Disability (TPD): 80% of the difference between your pre-injury wages and what you can earn now. Maximum of 104 weeks.
Impairment Benefits: One-time payment based on your permanent impairment rating.
Medical: All reasonable and necessary medical treatment related to the injury.
Note: Florida does NOT provide vocational rehabilitation benefits.
If Your Claim Is Denied
- Contact the Employee Assistance Office (EAO) — Free help from the Division of Workers' Compensation.
- File a Petition for Benefits — A formal legal filing with the OJCC.
- Mediation — The OJCC will schedule a mandatory mediation conference.
- Hearing — If mediation fails, a Judge of Compensation Claims holds a hearing.
- Appeal — To the First District Court of Appeal within 30 days.
Florida-Specific Rules and When to Get a Lawyer
- - Employers with 4+ employees must have coverage (construction: 1+).
- - Retaliation is illegal (Florida Statute §440.205).
- - Fraud is taken seriously: false claims can result in criminal charges.
When to get a lawyer: - Your claim is denied - You need to file a Petition for Benefits - You have a permanent injury - The insurer is disputing your medical treatment
Florida workers' comp attorneys are paid by the insurer (not out of your benefits) for most claim disputes.