Florida Workers’ Compensation Benefits: What You Can Get

If you are hurt at work in Florida, workers' compensation pays your authorized medical care in full and replaces two-thirds of your average weekly wage while you cannot work, for up to 104 weeks of temporary benefits, followed by impairment benefits if you are left with a permanent injury. You must tell your employer within 30 days and file any petition within 2 years. Benefits start after a 7-day waiting period, which is paid back if you are out for more than 21 days. This guide explains each benefit with worked numbers from Chapter 440 of the Florida Statutes, plus the rules on doctors, lawyer fees and what can reduce your claim.

This guide is general information, not legal advice. Workers' compensation cases turn on dates and medical records; speak to a Florida workers' compensation lawyer about your claim.

The short version

Report the injury within 30 days of the accident or of when you first noticed it (s. 440.185(1)).
Medical care is free to you, but it must come from doctors the insurer authorizes; you get one change of doctor on written request (s. 440.13).
Lost wages: 66.67% of your average weekly wage, up to the state maximum, for up to 104 weeks (s. 440.15(2)).
No pay for the first 7 days, unless the disability lasts more than 21 days (s. 440.12(1)).
Your lawyer's fee is set by statute: 20% of the first $5,000 of benefits obtained, then 15%, 10% and 5% (s. 440.34).
You generally cannot sue your employer, but you can sue a third party, such as another driver, who caused the injury.

Florida workers' compensation benefits at a glance

Each benefit has its own formula and time limit in section 440.15.

Benefit	Amount	How long	Source
Medical care	All authorized, medically necessary treatment	As long as needed and compensable	s. 440.13
Temporary total disability (cannot work)	66.67% of average weekly wage, up to the state maximum	Up to 104 weeks or maximum medical improvement	s. 440.15(2)
Temporary total, catastrophic injuries	80% of average weekly wage	First 6 months	s. 440.15(2)(b)
Temporary partial disability (light duty or lower pay)	80% of the gap between 80% of your old wage and what you now earn	Counted within the same 104 weeks	s. 440.15(4)
Impairment income (permanent injury)	75% of your temporary total rate	A number of weeks set by your impairment rating	s. 440.15(3)
Permanent total disability	66.67% of average weekly wage	While totally disabled	s. 440.15(1)
Death	Funeral up to $7,500; dependents' benefits up to $150,000	-	s. 440.16

The weekly maximum equals the statewide average weekly wage for the year of the injury (s. 440.12(2)); the Division of Workers' Compensation publishes it each year.

Who is covered?

Employees of most Florida employers with 4 or more employees, and of every construction employer with at least 1 employee, plus state and local government workers. The definition is in section 440.02. Independent contractors are usually not covered, but calling a worker a contractor does not settle it; what counts is how the work is actually controlled. Some workers, such as those covered by federal maritime or railroad laws, fall under federal programs instead (s. 440.09(2)).

What do I have to do after a work injury?

Tell your employer within 30 days, get treatment from an authorized doctor, and keep copies of everything.

Report the injury to your employer within 30 days of the accident, or within 30 days after a doctor first tells you a condition comes from your work. Missing this can bar the claim unless an exception applies (s. 440.185(1)).
Get authorized care. Except in an emergency, the employer or its insurer chooses the doctors. Unauthorized treatment may not be paid.
Watch for the insurer's decision. The insurer must start benefits or deny the claim in writing; if you disagree, a petition for benefits goes to a judge of compensation claims.
File a petition within 2 years of when you knew or should have known the injury came from work. Each payment of wage benefits or authorized treatment extends the deadline by 1 year from that payment (s. 440.19).

How much will I get each week?

Two-thirds of your average weekly wage while you cannot work at all, and a smaller, calculated amount while you work light duty for less pay.

Example, temporary total disability: if you averaged $1,000 a week before the injury, you receive $666.67 a week (66.67%), provided that is below the state maximum for your injury year.

Example, temporary partial disability: back at light duty earning $500 a week, the formula in section 440.15(4) takes 80% of your old wage ($800), subtracts what you now earn ($500), and pays 80% of the difference: $240 a week, on top of your $500 pay. The partial benefit can never exceed 66.67% of your old wage.

The 7-day rule: nothing is paid for the first 7 days of disability, but if you are out for more than 21 days, those first 7 days are paid too (s. 440.12(1)).

Catastrophic injuries, such as the loss of an arm, leg, hand or foot, paralysis or blindness in both eyes, receive 80% of the average weekly wage for the first 6 months, without the usual weekly maximum (s. 440.15(2)(b)).

What happens when I reach maximum medical improvement?

Temporary wage benefits stop, your doctor assigns a permanent impairment rating, and impairment income benefits begin if the rating is above zero.

Maximum medical improvement (MMI) is the point at which your doctor expects no further recovery; temporary benefits also end after 104 weeks even if you have not reached MMI.
The impairment rating uses Florida's uniform schedule and objective medical findings (s. 440.15(3)(b)).
Impairment income benefits are paid every two weeks at 75% of your temporary total rate, for a period set by the rating, and are halved for any week in which you earn at least your pre-injury average weekly wage.
If you can never return to even sedentary work, you may qualify for permanent total disability. Some injuries, such as severe spinal cord or brain injuries, amputations and severe burns, are presumed to be permanent total disability unless the insurer proves you can do sedentary work within 50 miles of home (s. 440.15(1)(b)).

Can I choose my own doctor?

No, the insurer authorizes the treating doctors, but you have the right to one change of doctor during your treatment, requested in writing. The insurer must authorize a new, unaffiliated doctor within 5 days of your request; if it does not, you may choose the doctor yourself (s. 440.13(2)(f)). Emergency care is covered without prior authorization.

What can reduce or defeat a claim?

Missing deadlines, intoxication or unprescribed drugs, and refusing safety equipment.

Intoxication: no compensation is paid if the injury was caused primarily by intoxication, unprescribed drugs, or an intent to injure (s. 440.09(3)).
Safety rules: compensation is cut by 25% if the injury was caused by knowingly refusing to use a safety appliance or follow a known safety rule (s. 440.09(5)).
Pre-existing conditions: the work accident must be the "major contributing cause", meaning more than 50% responsible, of the condition being treated (s. 440.09(1)).
Late notice or a late petition, under the 30-day and 2-year rules above.

How much does a workers' comp lawyer cost?

The fee is a percentage of the benefits the lawyer obtains, fixed by section 440.34: 20% of the first $5,000, 15% of the next $5,000, 10% of the rest obtained in the first 10 years, and 5% after that. A judge of compensation claims must approve it.

Example: on $20,000 of benefits obtained, the fee is $1,000 + $750 + $1,000 = $2,750, or 13.75%. In some cases, for example when the insurer denies a claim in bad faith, the insurer may have to pay part of the fee.

The Florida Bar certifies lawyers in workers' compensation law after peer review and an exam in this field. See Florida workers' compensation lawyers, and before you hire, read the questions to ask a lawyer and how to check a lawyer's Florida Bar record. If another driver or a contractor caused your injury, you may also have a separate injury claim: see Florida personal injury rules.

Checklist after a work injury

Report the injury in writing to your supervisor and keep a copy, with the date.
Ask for the insurer's name and your claim number.
See only authorized doctors except in an emergency, and keep every work-restriction note.
Write down your average weekly pay, including overtime and second jobs.
Diary your symptoms and the days you could not work.
Note the 2-year petition deadline and the date of your last benefit payment.

Frequently asked questions

How long can I receive workers' comp in Florida?

Temporary wage benefits last up to 104 weeks or until you reach maximum medical improvement, whichever comes first. Impairment income benefits then run for a period set by your rating, and permanent total disability benefits continue while you remain totally disabled.

Can I be fired while on workers' comp in Florida?

Florida law forbids firing, threatening or coercing an employee because they claimed workers' compensation (s. 440.205). An employer may still end employment for unrelated reasons, so keep records.

Is workers' comp taxable?

Workers' compensation benefits for an occupational injury are generally not taxable income under federal law.

Can I sue my employer in Florida?

Usually not: workers' compensation is generally your only remedy against your employer. You can sue a third party who caused the injury, and the exceptions for an employer's intentional wrongdoing are narrow.

Do I get paid for the first week off?

Only if your disability lasts more than 21 days; then the first 7 days are paid as well.

What if my employer has no insurance?

An employer that must have coverage and does not can be sued directly, and the Division of Workers' Compensation can order it to stop work and pay penalties.