Workers' Compensation in Florida

This is general information, not legal advice. Florida workers’ compensation turns heavily on your specific facts — talk to a Florida attorney about your situation.

Florida workers’ compensation is governed by Chapter 440 of the Florida Statutes. A few statewide rules shape almost every case.

The exclusive-remedy rule

Workers’ comp is a no-fault system: covered employees receive medical and wage-replacement benefits for on-the-job injuries regardless of fault. In exchange, workers’ comp is generally the exclusive remedy against the employer — it replaces the right to sue the employer in tort (Fla. Stat. § 440.11). Narrow exceptions exist, such as when the employer illegally failed to carry coverage or committed an intentional tort as defined by statute.

Who must carry coverage

Whether an employer must carry workers’ comp depends on industry and headcount: generally construction-industry employers with one or more employees, and non-construction employers with four or more employees, must have coverage (agriculture has special rules). The Department of Financial Services enforces this duty (Fla. Stat. § 440.107).

What it covers

Benefits fall into two main buckets: medical care — medically necessary treatment, medicine, and attendant care (Fla. Stat. § 440.13) — and indemnity (lost-wage) benefits (Fla. Stat. § 440.15), including temporary and permanent disability and impairment benefits.

Key deadlines

Report the injury to your employer within 30 days (Fla. Stat. § 440.185), and the deadline to file a petition for benefits is generally two years from when you knew or should have known the injury was work-related (Fla. Stat. § 440.19).

The guides

Pick your topic below. To get matched with a local Florida workers’-comp attorney, connect with a lawyer.

• How Workers’ Comp Works
• Coverage Requirements
• Benefits
• Claim Deadlines