Florida Workers Comp Laws: A Quick Guide for Injured Workers

If you’re injured at work in Florida, you may be eligible to workers compensation. But if you’re not familiar with Florida’s workers comp laws, you’re more likely to get the shorter end of the stick.

After all, it’s not uncommon for employers and insurance companies to pay injured workers way below what the law says they should receive.

If you don’t have a workers compensation lawyer to defend your rights, then you should at least know your rights under the law.

That said, here’s a quick guide to Florida’s workers comp laws.

Florida Workers Comp Law: The Basics

In the US, workers compensation laws are implemented on a state level. Meaning, each state has different workers comp rules and policies.

In Florida, the workers compensation system is governed by Chapter 440 of the state’s Labor Statutes. Under this, certain employers are required by law to provide workers comp insurance to their employees. Any workers comp claims are then paid out by their insurance providers.

The statutes also provide that injured workers may claim three types of benefits:

• medical benefits
• lost wages compensation
• death benefits (if applicable)

Each of these benefits can vary depending on the severity of your injury. They also have different eligibility requirements as set by law.

Florida also has a no-fault workers comp system. Meaning, you can claim benefits for your injury regardless of who’s at fault. But before you can claim workers comp, you must first prove that you meet the eligibility requirements set by law.

If your claim is denied, you can still file an appeal at the Office of the Judges of Compensation Claims. A mediation will be scheduled between you and your employer or insurance company. If that doesn’t work, you can take it to court and state your case before an administrative law judge.

Eligibility

According to Section 440.09 of Florida’s workers comp law, benefits are only payable to:

• workers who got injured while at work or have suffered occupational diseases because of their work
• a worker employed in Florida but got injured outside the state provided that the injury is work-related

Under the same section, no benefits shall be payable:

• to employees covered under the Federal Employer’s Liability Act, the Longshoremen’s and Harbor Worker’s Compensation Act, the Defense Base Act, or the Jones Act.
• if the injury happened because the employee is drunk, or under the influence of drugs and other substances
• if the court, judge, or jury determines that there is fraud involved

Coverage Requirements

Not all employers are required by law to provide workers comp insurance to their workers. Under the law, workers comp coverage is only required for:

• employers in the construction industry with at least one employee including the owners who are corporate officers or Limited Liability Company (LLC) members
• employers in the non-construction industry with at least 4 employees including the owners who are corporate officers or Limited Liability Company (LLC) members
• employers in the agricultural industry with at least 6 regular employees and/or 12 seasonal workers who work more than 30 days during a season but no more than a total of 45 days in a calendar year

In addition, contractors should make sure that all sub-contractors have the required workers’ comp insurance before they begin work on a project.

Employers who fail to provide workers comp insurance to their employees will be subjected to penalties. Sometimes, non-compliance may even lead to a closure order.