How do I file a workers' compensation claim in Florida?

Florida workers' comp is governed by Fla. Stat. Chapter 440 and administered by the DFS Division of Workers' Compensation.

1. Coverage

Required for: construction employers with 1+ employee, non-construction employers with 4+ employees, agricultural employers with 6+ regular or 12+ seasonal workers (§ 440.02). Excluded: independent contractors meeting statutory criteria, casual labor, certain corporate officers who file an exemption.

2. Notice to Employer

Report within 30 days of the accident or knowledge of an occupational disease (§ 440.185). Late notice bars the claim absent good cause.

3. Claim Filing

The employer/carrier files a First Report of Injury. If benefits are denied or disputed, you file a Petition for Benefits with the Office of the Judges of Compensation Claims (OJCC). Statute of limitations: 2 years from injury or 1 year from last benefit (§ 440.19).

4. Benefits

Medical care 100% covered. Temporary Total Disability (TTD) pays 66 2/3% of average weekly wage up to the state max (about $1,260/week in 2026), limited to 260 weeks (§ 440.15). Permanent Impairment Benefits at 75% of TTD rate based on impairment rating. Permanent Total Disability available for catastrophic injuries. Death benefits up to $150,000 plus $7,500 burial.

5. Independent Medical Exam (IME)

Each party may obtain one IME per accident (§ 440.13(5)). Carrier may also require examination by an Expert Medical Advisor for disputes.

6. Choice of Doctor

Employer/carrier directs care in Florida — they select the authorized treating physician (§ 440.13(2)). You may request a one-time change of physician under § 440.13(2)(f).

7. Denied Claim / Appeal

File Petition for Benefits with OJCC. A Judge of Compensation Claims holds an evidentiary hearing. Appeal to the First District Court of Appeal (§ 440.271).

8. Third-Party Suit

You may sue negligent third parties. Carrier has subrogation lien under § 440.39.

This is legal information, not legal advice.