Florida workers’ compensation claims top over 62,000 per year, with the following top industries filing being:
- Public administration
- Administrative, support, waste management and remediation services
- Health care and social assistance
- Retail trade
- Transport and warehousing
Rounding out the list is construction, hotels and food services, manufacturing, educational services and wholesale trades.
If you’ve been injured on the job, we’re here to provide the unwavering representation you deserve.
At Keller Swan, you’re more than a number. Your personal injury attorney will fight to get you the maximum compensation for your claim. We’ll use our decades of combined experience to work through your case, no matter how simple or complex it is.
Schedule a free case evaluation to discuss workers’ compensation in Florida with an attorney.
What Is The Statute Of Limitations For Workers’ Compensation In Florida?
Florida has a 2-year statute of limitations for workers’ compensation claims, but the law is a little more complex than that. You can also seek damages after the initial two years as long as it’s within one year of your:
- Last payment of compensation
- Authorized medical treatment
As your personal injury lawyer, we’ll examine the dates to verify that your claim is within the statute of limitations.
Due to the wording of the law, particularly where the person (you) should have recognized the seriousness or nature of the injury or disease, your case may not be so clear-cut.
For example, exposure to harmful chemicals may cause lifelong damage that takes years or decades to recognize.
Exceptions to the two-year rule also apply for:
- Minor workers
- Workers who are mentally incompetent
- Employees who had their employer mislead them on their entitlements
- Carriers failing to inform an injured worker of their rights or misleading them
Other exceptions exist, which is why it’s always important to work with an attorney even if you think the statute of limitations has passed.
Does Florida Require Workers’ Compensation Insurance?
Yes, employers who operate in the State of Florida must have workers’ compensation insurance. However, certain industries may have a workers’ compensation exemption in Florida.
For example, you only need to have insurance if you have:
- Construction: One or more employees
- Non-construction: Four or more employees
- Agricultural: Six+ full-time or 12+ seasonal workers
Employers may apply for an exemption in special circumstances, too.
How To Find Out If A Company Has Workers’ Compensation In Florida
If you’re injured on the job, report the injury to your employer and they should help you through the next steps in the process.
You can also use the Division of Workers’ Compensation search to verify your employer’s coverage.
How Does Workers’ Compensation Work In Florida?
Workers’ compensation is available to employees because it protects them from injuries or illnesses that may occur during or due to their work.
What’s Covered by Florida’s Workers’ Comp?
Workers’ compensation laws in Florida are meant to help you if something happens during the scope of your employment that causes you to:
- Miss working normally
- Suffer in some way
- Sustain a financial hardship
Accidents and injuries on the job happen every day. The Division of Workers’ Compensation paid $1,621,850,340 in medical bills between 2023 and 2024 alone.
You can also file a claim for a repetitive movement injury that is a result of the job.
Imagine being a janitor. You mop the floors for the first year without any issues. In year two, you feel a slight twinge, but it’s nothing serious. Five years later, you realize that after all of these years, you now have carpal tunnel syndrome and need surgery due to a repetitive injury.
If you’re unsure if your injury or illness is covered, contact us for a free case evaluation.
What’s Not Covered by Florida’s Workers’ Comp?
Injuries that aren’t work-related are not covered by workers’ compensation in Florida. That includes:
- Accidents that occur on your commute to or from work
- Injuries that occur while participating in a social or recreational work event
If you were injured in a workplace fight or while intoxicated on the job, your claim may also be denied. While there are exceptions, generally, workers’ compensation only covers incidents that employers are reasonably responsible for.
Steps to Take If You’ve Been Injured on the Job
If you are injured at work, the steps you take immediately following your injury can impact your claim.
Notify Your Employer
If your injuries are severe, seek emergency medical care first. Otherwise, report the injury to your employer as soon as possible, preferably in writing, to ensure you have a record of the report.
Under Florida law, you have 30 days to notify your employer of a work-related injury or illness, so don’t delay.
If you miss this 30-day window, your employer may deny your workers’ compensation claim.
Get Medical Care Immediately
Don’t wait to see a doctor. Get examined and treated for your injury as soon as possible following the accident, even if you believe your injury is minor. Your health should be your top priority.
Seeking immediate medical care will not only protect your well-being but your rights as well. If you wait to see a doctor, the insurance company or your employer may argue that your injuries are not work-related.
When seeking care, let the doctor know that your injury is work-related. Be thorough and describe the incident and your symptoms to ensure the doctor has a clear picture of what happened.
Document Everything
Medical documentation will play a crucial role in your claim, but your own records can be just as impactful.
Keep a log of:
- The dates you missed work because of your injuries.
- Tests and doctor visits – including details of the appointments (dates, times, etc.). Keep any bills you receive.
- Any medications or medical devices you purchased to help you recover.
- Out-of-pocket costs for treatments.
Your personal records will help support your claim, so be as thorough as possible.
Consult with a Personal Injury Attorney
Workers’ compensation claims are complex, especially when insurance companies or employers try to deny or diminish them.
An attorney can help ensure you follow the right steps, negotiate a fair settlement and protect your rights.
Deadlines must be met and rules must be followed to avoid having your claim denied and your medical bills left unpaid. A lawyer will help you navigate the process from start to finish to achieve the best possible outcome in your case.
How Keller Swan Can Help You Through Your Claim
At Keller Swan, we know that a workplace injury can be life-changing. Right now, the most important thing is your recovery.
We’ll guide you through the Florida workers’ compensation process and advocate for your rights every step of the way.
Our attorneys leverage their decades of combined experience to help clients secure the settlements they deserve.