How do I file a workers compensation claim in Florida?

Florida workers' compensation is administered by the Division of Workers' Compensation within the Department of Financial Services, governed by Fla. Stat. Chapter 440.

1. Who Is Covered

Construction industry: Employers with 1 or more employees must carry workers' comp (Fla. Stat. § 440.02(17)).

Non-construction: Employers with 4 or more employees (full or part-time) must carry coverage.

Agriculture: 6+ regular employees or 12+ seasonal workers (more than 30 days).

Sole proprietors, partners, and corporate officers may exempt themselves.

2. Notice to Employer — 30 Days

Under Fla. Stat. § 440.185(1), you must report the injury to your employer within 30 days of the accident or knowledge of an occupational disease.

Failure to give timely notice bars the claim absent an exception.

3. 7-Day Waiting Period

Under Fla. Stat. § 440.12, no indemnity benefits are paid for the first 7 days of disability.

If disability extends beyond 21 days, the first 7 days are paid retroactively.

4. Filing Deadline — Petition for Benefits

The employer/carrier files a notice of injury with the Division.

If benefits are denied or disputed, you (the employee) file a Petition for Benefits (PFB) with the Office of the Judges of Compensation Claims (OJCC) at jcc.state.fl.us.

Statute of limitations: 2 years from the date of injury or 1 year from the last payment of compensation or last authorized medical treatment, whichever is later (Fla. Stat. § 440.19).

5. Weekly Benefit Calculation

Temporary Total Disability (TTD): 66 2/3% of AWW (Fla. Stat. § 440.15(2)).

2024 maximum compensation rate: $1,260/week (100% of SAWW).

Temporary Partial Disability (TPD): 80% of the difference between 80% of pre-injury AWW and post-injury earnings.

Permanent Total Disability (PTD): 66 2/3% of AWW for life.

6. Maximum Benefit Period

TTD/TPD combined: capped at 260 weeks (Fla. Stat. § 440.15(2)(a)) — was reduced from 401 weeks but later restored by the Florida Supreme Court in Westphal v. City of St. Petersburg (2016) to 260 weeks; check for updates.

PTD: For life.

7. Medical Treatment — Employer Selects Doctor

Florida is one of the most restrictive states for choice of doctor.

The employer/carrier selects the authorized treating physician (Fla. Stat. § 440.13).

Employee gets one one-time change of physician within the same specialty upon written request.

Unauthorized treatment is generally not reimbursable.

8. Attorney Fees

Statutory fee schedule under Fla. Stat. § 440.34: 20% of first $5,000; 15% of next $5,000; 10% of remainder up to 10 years; 5% thereafter.

Florida Supreme Court in Castellanos v. Next Door Co. (2016) struck down the strict cap as unconstitutional when it produced unreasonably low fees, allowing reasonable hourly rates in some cases.

9. Choice of Doctor

Very limited — employer-selected, with one-time change available.

10. Drug-Free Workplace Defense

Employers may deny benefits if the injury was caused by intoxication or drug use, with positive testing (Fla. Stat. § 440.09(7)).

This is legal information, not legal advice.