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Florida Workers' Compensation

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Who Must Carry Coverage

  • Employers with four or more employees (including part-time, full-time, and corporate officers) are required to carry workers’ compensation insurance.
  • Employers in the construction industry must carry coverage if they have one or more employees.

No-Fault System

  • Florida workers’ compensation is a no-fault system, meaning injured employees may receive benefits regardless of who caused the injury.

Reporting an Injury & Time Limits

  • A work-related injury must be reported to the employer within 30 days of the incident or from the date the employee becomes aware of the injury. Timely reporting is essential.
  • The general statute of limitations to file a formal claim for benefits is two years from the date of injury.

Income & Medical Benefits

  • Payment for necessary medical treatment.
  • Partial wage replacement, typically 66 2/3% of the average weekly wage.
  • Compensation for permanent impairment, if applicable.
  • Temporary benefits are capped at 104 weeks or until the employee reaches Maximum Medical Improvement (MMI), whichever comes first.

Protection From Retaliation

  • An injured employee cannot be terminated solely for filing a workers’ compensation claim.

Choice of Treating Physician

  • The insurance carrier generally selects the authorized treating physician.
  • If an employee is dissatisfied with the medical care, they are entitled to a one-time change of doctor, subject to approval by the insurance carrier.

Independent Medical Examination (IME)

  • An injured employee may request an Independent Medical Examination (IME) if they believe the diagnosis is incorrect.
  • Please note: the cost of the IME is the employee’s responsibility.
  • Contact Doctors’ Council if you would like assistance with requesting an IME or changing doctors.