Question 1

Which employers must have workers' comp in Florida?

Accepted Answer

Construction employers with one or more part-time or full-time employees must carry coverage (sole proprietors, partners and corporate officers count as employees; corporate officers may elect an exemption). Non-construction employers with four or more part-time or full-time employees must carry coverage. Agricultural employers must carry coverage if they have six or more regular employees and/or 12 or more seasonal employees who work more than 30 days. Out-of-state employers with employees working in Florida need Florida coverage.

Question 2

How long do you have to report a work injury in Florida?

Accepted Answer

Tell your employer about the injury as soon as possible. The law requires you to report the accident or a job-related injury within 30 days of learning of it, or within 30 days of a doctor determining that you have a work-related injury. The employer must then report the injury to its insurance company within 7 days.

Question 3

What is the deadline to file a workers' comp claim in Florida?

Accepted Answer

A petition for benefits is barred unless the employee has notified the employer of the injury and the petition is filed within two years after the employee knew or should have known that the injury or death was work-related. Each payment of wage-loss benefits or medical treatment extends the deadline to one year from that payment (except for disputes over compensability, maximum medical improvement or impairment). The time bar applies only if the insurer raises it in its first response to the petition.

Question 4

Is there a waiting period for workers' comp in Florida?

Accepted Answer

Wage benefits are paid starting with the 8th day you lose time from work. The first 7 days are paid only if you lose more than 21 days from work.

Question 5

How much does workers' comp pay in Florida?

Accepted Answer

Temporary total disability pays 66 2/3% of the employee's average weekly wage, up to the state maximum, for no more than 104 weeks (combined with temporary partial disability) or until maximum medical improvement. Workers who lose an arm, leg, hand or foot, become paraplegic or quadriplegic, or lose sight in both eyes receive 80% of the average weekly wage for up to six months after the accident. Temporary partial disability pays 80% of the difference between 80% of pre-injury wages and current earnings.

Question 6

What is the maximum workers' comp benefit in Florida?

Accepted Answer

For injuries and illnesses occurring on or after January 1, 2026, the maximum weekly compensation rate is $1,358 (100% of the statewide average weekly wage of $1,357.95). The maximum is set each year for injuries in the following calendar year.

Question 7

Can you choose your own doctor for workers' comp in Florida?

Accepted Answer

You must see a doctor authorized by your employer or its insurance company; do not go to your own private doctor on your own. In an emergency, go to the nearest emergency room. On written request, the insurer must allow one change of physician during treatment for any one accident and must authorize a new physician (not professionally affiliated with the previous one) within 5 days; if it fails to do so, the employee may choose the physician.

Question 8

How does permanent disability work under workers' comp in Florida?

Accepted Answer

When the worker reaches maximum medical improvement, the doctor assigns a permanent impairment rating. Impairment income benefits are paid every two weeks at 75% of the worker's temporary total disability rate (reduced by half for any week the worker earns at least their pre-injury average weekly wage). For accidents on or after October 1, 2003, benefits last 2 weeks for each percentage point of impairment from 1% to 10%, 3 weeks per point from 11% to 15%, 4 weeks per point from 16% to 20%, and 6 weeks per point for 21% and above. Permanent total disability pays 66 2/3% of the average weekly wage while the disability continues, but not if the worker can do at least sedentary work.

Question 9

What workers' comp death benefits are available in Florida?

Accepted Answer

If a work accident causes death (within 1 year, or within 5 years after continuous disability), the employer pays actual funeral expenses up to $7,500, plus weekly benefits to dependents: 50% of the average weekly wage to a spouse with no children (until the spouse's death), with an added 16 2/3% if there are children; 33 1/3% for each child if there is no spouse; and smaller shares for dependent parents, siblings and grandchildren. Total dependent benefits may not exceed 66 2/3% of the average wage or $150,000 in all. A surviving spouse may also receive educational benefits.

Question 10

How do you file a workers' comp claim in Florida?

Accepted Answer

Report the injury to your employer and ask which doctor to see. The employer reports the injury to its insurer, and you should receive an information brochure from the insurer within 3 to 5 business days. If the insurer will not pay benefits you believe are owed, first talk with the adjuster, then contact the Division's Employee Assistance and Ombudsman Office (free help) at 1-800-342-1741. If the dispute is not resolved, you can file a Petition for Benefits with the Office of the Judges of Compensation Claims.

Question 11

How do you appeal a denied workers' comp claim in Florida?

Accepted Answer

Disputed claims are decided by a Judge of Compensation Claims after a Petition for Benefits is filed (the Petition must meet specific content requirements). Any order of a Judge of Compensation Claims may be appealed to Florida's First District Court of Appeal, following the appellate rules set by the Florida Supreme Court.

Question 12

Can you be fired for filing workers' comp in Florida?

Accepted Answer

No employer may fire, threaten to fire, intimidate or coerce an employee because of the employee's valid claim for workers' compensation or attempt to claim compensation.

Question 13

How long can you receive workers' comp in Florida?

Accepted Answer

Temporary total disability benefits are limited to 104 weeks, and temporary partial disability benefits are also limited to 104 weeks under the same provisions (subject to the exceptions listed in the statute). Impairment income benefits after maximum medical improvement last a set number of weeks based on the impairment rating: 2 weeks per percentage point from 1% to 10%, 3 weeks per point from 11% to 15%, 4 weeks per point from 16% to 20%, and 6 weeks per point for 21% and above. Permanent total disability benefits stop when the employee reaches age 75 (unless the injury kept the worker from earning enough work quarters to qualify for Social Security); if the injury occurs after the employee reaches age 70, they are payable for no more than 5 years after the permanent total disability determination.

Question 14

How do workers' comp settlements work in Florida?

Accepted Answer

Yes. A claim can be settled for a lump sum that releases the employer and insurer from future medical, compensation and other benefits. If the injured worker has a lawyer, the worker may sign a settlement agreement giving up all benefits in exchange for a lump sum; a Judge of Compensation Claims must approve that settlement only as to the attorney's fees the worker pays. If the worker has no lawyer, the parties must file a joint petition and a Judge of Compensation Claims must approve the lump sum; this is allowed at any time after the worker reaches maximum medical improvement, or earlier if the employer or insurer denied the claim in writing within 120 days and the judge finds a real dispute. Approved settlements generally cannot be reopened or modified later.

Question 15

How do I file or check a workers' comp claim online in Florida?

Accepted Answer

In Florida, report a work-related injury or illness to your employer as soon as possible and no later than 30 days from the date of the accident (or from when a doctor tells you it is work-related); late reporting may result in the claim being denied. The employer should post its insurance carrier's information at the workplace, so you can contact the carrier yourself if needed; if it is not posted, the Division of Workers' Compensation's Employee Assistance and Ombudsman Office can help you get it. Help: (800) 342-1741 or (850) 413-1610, wceao@myfloridacfo.com.

Question 16

How much can a workers' comp lawyer charge in Florida?

Accepted Answer

In Florida no attorney's fee may be paid for a workers' comp claimant unless approved by the judge of compensation claims or the court. The approved fee equals 20% of the first $5,000 of benefits secured, 15% of the next $5,000, 10% of the remaining benefits to be provided during the first 10 years after the claim is filed, and 5% of benefits secured after 10 years. Free help: the Division of Workers' Compensation's Bureau of Employee Assistance and Ombudsman Office answers questions and helps resolve claim problems at no cost ((800) 342-1741).

Question 17

Can you sue your employer for a work injury in Florida?

Accepted Answer

Generally no: an employer's workers' comp liability is exclusive and replaces other liability to the worker and family. Exceptions: (1) if the employer failed to secure workers' comp as required, the worker may choose comp or a lawsuit, and the employer cannot defend by blaming a co-worker's negligence, assumption of risk or the worker's comparative negligence; and (2) an intentional tort, proven by clear and convincing evidence that the employer deliberately intended to injure the worker, or knew from prior similar accidents or explicit warnings that its conduct was virtually certain to cause injury or death and deliberately concealed or misrepresented the danger. Co-worker immunity does not apply to a co-worker who acts with willful and wanton disregard, unprovoked physical aggression or gross negligence.

Question 18

Can you sue a third party for a work injury in Florida?

Accepted Answer

Yes. An injured worker can collect workers' comp and at the same time sue a negligent third party. The employer or its insurer is subrogated to the worker's rights to the extent of benefits paid or to be paid; it may file a notice of payment in the worker's lawsuit, which becomes a lien on the judgment or settlement, generally to recover what it paid after its share of costs and attorney fees, reduced proportionally if the worker shows the recovery was less than the full value of damages. The worker must serve notice of the lawsuit on the employer and the comp carrier, and if the worker does not sue the third party within 1 year after the claim accrues, the employer or carrier may sue after giving 30 days' notice.

Question 19

What if my employer doesn't have workers' comp insurance in Florida?

Accepted Answer

If an employer fails to carry required workers' comp, the injured worker (or family in a death case) may choose either to claim workers' comp benefits or to sue the employer for damages, and in that lawsuit the employer cannot use the defenses of co-worker negligence, assumption of risk or the worker's comparative negligence. The Department of Financial Services must issue a stop-work order requiring the employer to cease business operations and assesses a penalty of 2 times the premium the employer should have paid for the uninsured periods in the preceding 12 months, or $1,000, whichever is greater. On construction jobs, a contractor becomes liable for comp to an uninsured subcontractor's employees and can recover those benefits from the subcontractor.

Question 20

How long do you have to appeal a denied workers' comp claim in Florida?

Accepted Answer

A disputed benefit is challenged by filing a petition for benefits with the Office of the Judges of Compensation Claims (and serving it on the employer and carrier). The petition is barred unless filed within 2 years after the worker knew or should have known the injury arose from work; paying an indemnity benefit or providing medical care extends the deadline to 1 year from that payment. A judge of compensation claims' order is appealed to the First District Court of Appeal, filed under the appellate rules set by the Florida Supreme Court.

Which employers must carry it	Construction employers with one or more part-time or full-time employees must carry coverage (sole proprietors, partners and corporate officers count as employees; corporate officers may elect an exemption). Non-construction employers with four or more part-time or full-time employees must carry coverage. Agricultural employers must carry coverage if they have six or more regular employees and/or 12 or more seasonal employees who work more than 30 days. Out-of-state employers with employees working in Florida need Florida coverage. Source: Chapter 440, Fla. Stat.; Division of Workers' Compensation, Workers' Compensation System Guide (rev. Sept. 2026)
Deadline to report the injury	Tell your employer about the injury as soon as possible. The law requires you to report the accident or a job-related injury within 30 days of learning of it, or within 30 days of a doctor determining that you have a work-related injury. The employer must then report the injury to its insurance company within 7 days. Source: Division of Workers' Compensation, System Guide (rev. Sept. 2026)
Deadline to file a claim	A petition for benefits is barred unless the employee has notified the employer of the injury and the petition is filed within two years after the employee knew or should have known that the injury or death was work-related. Each payment of wage-loss benefits or medical treatment extends the deadline to one year from that payment (except for disputes over compensability, maximum medical improvement or impairment). The time bar applies only if the insurer raises it in its first response to the petition. Source: Fla. Stat. § 440.19
Waiting period	Wage benefits are paid starting with the 8th day you lose time from work. The first 7 days are paid only if you lose more than 21 days from work. Source: Division of Workers' Compensation, System Guide (rev. Sept. 2026)

Weekly benefit rate	Temporary total disability pays 66 2/3% of the employee's average weekly wage, up to the state maximum, for no more than 104 weeks (combined with temporary partial disability) or until maximum medical improvement. Workers who lose an arm, leg, hand or foot, become paraplegic or quadriplegic, or lose sight in both eyes receive 80% of the average weekly wage for up to six months after the accident. Temporary partial disability pays 80% of the difference between 80% of pre-injury wages and current earnings. The Division's guide notes that the 104-week limit was affected by the Florida Supreme Court's decision in Westphal v. City of St. Petersburg. Source: Fla. Stat. § 440.15(2), (4); Division of Workers' Compensation, System Guide
Maximum weekly benefit	For injuries and illnesses occurring on or after January 1, 2026, the maximum weekly compensation rate is $1,358 (100% of the statewide average weekly wage of $1,357.95). The maximum is set each year for injuries in the following calendar year. Source: Fla. Stat. § 440.12(2); Division of Workers' Compensation Informational Bulletin (Dec. 2, 2025)
How long benefits last	Temporary total disability benefits are limited to 104 weeks, and temporary partial disability benefits are also limited to 104 weeks under the same provisions (subject to the exceptions listed in the statute). Impairment income benefits after maximum medical improvement last a set number of weeks based on the impairment rating: 2 weeks per percentage point from 1% to 10%, 3 weeks per point from 11% to 15%, 4 weeks per point from 16% to 20%, and 6 weeks per point for 21% and above. Permanent total disability benefits stop when the employee reaches age 75 (unless the injury kept the worker from earning enough work quarters to qualify for Social Security); if the injury occurs after the employee reaches age 70, they are payable for no more than 5 years after the permanent total disability determination. The Division of Workers' Compensation guide notes that the 104-week temporary total limit was affected by the Florida Supreme Court's decision in Westphal v. City of St. Petersburg. Source: Fla. Stat. § 440.15(1)(b), (2)(a), (3)(g), (4)(e)
Permanent disability	When the worker reaches maximum medical improvement, the doctor assigns a permanent impairment rating. Impairment income benefits are paid every two weeks at 75% of the worker's temporary total disability rate (reduced by half for any week the worker earns at least their pre-injury average weekly wage). For accidents on or after October 1, 2003, benefits last 2 weeks for each percentage point of impairment from 1% to 10%, 3 weeks per point from 11% to 15%, 4 weeks per point from 16% to 20%, and 6 weeks per point for 21% and above. Permanent total disability pays 66 2/3% of the average weekly wage while the disability continues, but not if the worker can do at least sedentary work. Source: Fla. Stat. § 440.15(1), (3)
Death benefits	If a work accident causes death (within 1 year, or within 5 years after continuous disability), the employer pays actual funeral expenses up to $7,500, plus weekly benefits to dependents: 50% of the average weekly wage to a spouse with no children (until the spouse's death), with an added 16 2/3% if there are children; 33 1/3% for each child if there is no spouse; and smaller shares for dependent parents, siblings and grandchildren. Total dependent benefits may not exceed 66 2/3% of the average wage or $150,000 in all. A surviving spouse may also receive educational benefits. Source: Fla. Stat. § 440.16(1)

Choosing a doctor	You must see a doctor authorized by your employer or its insurance company; do not go to your own private doctor on your own. In an emergency, go to the nearest emergency room. On written request, the insurer must allow one change of physician during treatment for any one accident and must authorize a new physician (not professionally affiliated with the previous one) within 5 days; if it fails to do so, the employee may choose the physician. Source: Fla. Stat. § 440.13(2)(f); Division of Workers' Compensation, System Guide
How to file	Report the injury to your employer and ask which doctor to see. The employer reports the injury to its insurer, and you should receive an information brochure from the insurer within 3 to 5 business days. If the insurer will not pay benefits you believe are owed, first talk with the adjuster, then contact the Division's Employee Assistance and Ombudsman Office (free help) at 1-800-342-1741. If the dispute is not resolved, you can file a Petition for Benefits with the Office of the Judges of Compensation Claims. Source: Division of Workers' Compensation, System Guide (rev. Sept. 2026)
Settlements	Yes. A claim can be settled for a lump sum that releases the employer and insurer from future medical, compensation and other benefits. If the injured worker has a lawyer, the worker may sign a settlement agreement giving up all benefits in exchange for a lump sum; a Judge of Compensation Claims must approve that settlement only as to the attorney's fees the worker pays. If the worker has no lawyer, the parties must file a joint petition and a Judge of Compensation Claims must approve the lump sum; this is allowed at any time after the worker reaches maximum medical improvement, or earlier if the employer or insurer denied the claim in writing within 120 days and the judge finds a real dispute. Approved settlements generally cannot be reopened or modified later. Source: Fla. Stat. § 440.20(11)
Appealing a denial	Disputed claims are decided by a Judge of Compensation Claims after a Petition for Benefits is filed (the Petition must meet specific content requirements). Any order of a Judge of Compensation Claims may be appealed to Florida's First District Court of Appeal, following the appellate rules set by the Florida Supreme Court. Source: Fla. Stat. §§ 440.192, 440.271
Deadline to challenge a denial	A disputed benefit is challenged by filing a petition for benefits with the Office of the Judges of Compensation Claims (and serving it on the employer and carrier). The petition is barred unless filed within 2 years after the worker knew or should have known the injury arose from work; paying an indemnity benefit or providing medical care extends the deadline to 1 year from that payment. A judge of compensation claims' order is appealed to the First District Court of Appeal, filed under the appellate rules set by the Florida Supreme Court. Source: Fla. Stat. §§ 440.192(1), 440.19(1)-(2), 440.271
Retaliation for filing	No employer may fire, threaten to fire, intimidate or coerce an employee because of the employee's valid claim for workers' compensation or attempt to claim compensation. Source: Fla. Stat. § 440.205
Filing or checking a claim online	In Florida, report a work-related injury or illness to your employer as soon as possible and no later than 30 days from the date of the accident (or from when a doctor tells you it is work-related); late reporting may result in the claim being denied. The employer should post its insurance carrier's information at the workplace, so you can contact the carrier yourself if needed; if it is not posted, the Division of Workers' Compensation's Employee Assistance and Ombudsman Office can help you get it. Help: (800) 342-1741 or (850) 413-1610, wceao@myfloridacfo.com. Employer coverage lookup linked from the page: https://dwcdataportal.fldfs.com/ProofOfCoverage.aspx Source: Florida Department of Financial Services, Division of Workers' Compensation, How to Report an Injury
Lawyer fees in comp cases	In Florida no attorney's fee may be paid for a workers' comp claimant unless approved by the judge of compensation claims or the court. The approved fee equals 20% of the first $5,000 of benefits secured, 15% of the next $5,000, 10% of the remaining benefits to be provided during the first 10 years after the claim is filed, and 5% of benefits secured after 10 years. Free help: the Division of Workers' Compensation's Bureau of Employee Assistance and Ombudsman Office answers questions and helps resolve claim problems at no cost ((800) 342-1741). Ombudsman office: https://www.myfloridacfo.com/division/wc/employee/eao Source: Fla. Stat. 440.34(1); Florida DFS, Division of Workers' Compensation, Employee page

Suing your employer	Generally no: an employer's workers' comp liability is exclusive and replaces other liability to the worker and family. Exceptions: (1) if the employer failed to secure workers' comp as required, the worker may choose comp or a lawsuit, and the employer cannot defend by blaming a co-worker's negligence, assumption of risk or the worker's comparative negligence; and (2) an intentional tort, proven by clear and convincing evidence that the employer deliberately intended to injure the worker, or knew from prior similar accidents or explicit warnings that its conduct was virtually certain to cause injury or death and deliberately concealed or misrepresented the danger. Co-worker immunity does not apply to a co-worker who acts with willful and wanton disregard, unprovoked physical aggression or gross negligence. Source: Fla. Stat. § 440.11(1)
Suing someone other than your employer	Yes. An injured worker can collect workers' comp and at the same time sue a negligent third party. The employer or its insurer is subrogated to the worker's rights to the extent of benefits paid or to be paid; it may file a notice of payment in the worker's lawsuit, which becomes a lien on the judgment or settlement, generally to recover what it paid after its share of costs and attorney fees, reduced proportionally if the worker shows the recovery was less than the full value of damages. The worker must serve notice of the lawsuit on the employer and the comp carrier, and if the worker does not sue the third party within 1 year after the claim accrues, the employer or carrier may sue after giving 30 days' notice. Source: Fla. Stat. § 440.39(1)-(4)
If your employer has no workers' comp	If an employer fails to carry required workers' comp, the injured worker (or family in a death case) may choose either to claim workers' comp benefits or to sue the employer for damages, and in that lawsuit the employer cannot use the defenses of co-worker negligence, assumption of risk or the worker's comparative negligence. The Department of Financial Services must issue a stop-work order requiring the employer to cease business operations and assesses a penalty of 2 times the premium the employer should have paid for the uninsured periods in the preceding 12 months, or $1,000, whichever is greater. On construction jobs, a contractor becomes liable for comp to an uninsured subcontractor's employees and can recover those benefits from the subcontractor. Source: Fla. Stat. §§ 440.11(1)(a), 440.107(7)(a), (7)(d)1., 440.10(1)(b), (d)

Florida Workers' Compensation: Deadlines, Benefits and How to File

Quick answers for Florida

Coverage and deadlines

Benefits

Doctors, filing, settlements and appeals

Lawsuits and uninsured employers

Where to get help in Florida

Workers' Compensation FAQ

More Florida law