Florida Workers’ Compensation Benefits: Learn How It Works

Florida boasts the fourth-largest economy of any U.S. state and is home to some of the nation’s largest employers, like Publix. But some of the state’s major job sectors, like manufacturing, energy, and transportation industries are also prone to workplace injuries. If you’re hurt in a job-related accident in the Sunshine State, keep reading to learn how Florida workers’ compensation benefits work, which employers must have coverage, and steps to complete the claims process.

Getting Workers’ Comp Benefits in Florida: Key Takeaways

• By law, all Florida businesses with at least four employees most provide workers’ comp insurance coverage starting on your first day at work.
• Florida workers’ compensation benefits are available to eligible covered employees with a workplace injury or illness.
• This no-fault system ensures injured workers get proper medical treatment, money for lost wages, vocational rehabilitation, and death benefits for families of deceased workers.
• Your employer cannot fire you for applying for workers’ compensation benefits, which come directly out of the company’s insurance policy.
• Consulting an attorney for free as early as possible about your case can help you gather the right medical evidence needed to support your claim and maximize your benefits.

Which Businesses Must Provide Florida Workers’ Compensation Insurance to Employees?

Florida law states that most businesses with at least four employees must provide workers’ comp insurance coverage. This ensures any employee who suffers a work injury or gets sick while doing their job gets proper medical treatment and fair compensation. And this coverage requirement applies equally to both part- and full-time workers starting on their first day of work.

However, the Florida Workers’ Compensation Act also automatically exempts certain types of employees, including:

• Agricultural farm workers employed for 30 days or less at a time
• Casual employees (i.e., those that work seasonal jobs, babysitters, etc.)
• Certain types of entertainers (i.e., DJs, bands, actors performing in stage musicals, etc.)
• Federal employees
• Independent contractors (but construction industry contractors are one notable exception)
• Licensed real estate brokers working on a commission basis
• LLC officers and corporate partners
• Lyft, Uber, and local taxicab drivers
• Sole proprietors (i.e., people who are self-employed)

What Types of Florida Workers’ Compensation Benefits Are Available to Injured Employees?

There are several different types of workers’ compensation benefits in Florida available to injured and sick employees. Approved claims always cover your medical expenses, but some employees also receive temporary or permanent wage-replacement benefits. Keep reading to make sure you understand all your workers’ compensation benefit options.

If you cannot return to your old job after your accident but can keep working, you may also qualify for vocational rehab benefits. These include things like job-placement and retraining services, job-placement and upskilling courses, etc. Your employer’s insurance provider would pay for each of these services on your behalf until you find a new job.

Medical Benefits

You can receive unlimited medical benefits for approved work-related injuries and illnesses in FL. This includes paying your authorized physician directly or reimbursing you for approved medical expenses, such as:

• Doctor’s visits
• Medical imaging (i.e., x-rays, MRIs, CT scans)
• Prescription drugs and over-the-counter medications
• Physical therapy
• Travel costs related to your authorized doctor appointments (i.e., mileage, hotel stays, etc.) and other necessary medical care

Lost Wage Benefits

Workers’ comp in Florida cannot cover lost wages unless a doctor orders you to take more than a week off to recover. Once you’re forced to miss three weeks due to a work-related injury or illness, you’ll get paid for that first week off. In Florida, these are also commonly called disability benefits.

Temporary Total Disability (TTD) Benefits

If the doctor says you cannot return to work immediately after workplace accident, you may receive temporary total disability benefits. Florida workers’ compensation insurance pays you two-thirds of your average weekly wage (AWW). But that amount is subject to the state’s maximum and minimum weekly compensation rates, which equals $1,358 in 2026.

You must miss a minimum of seven days of work before you’ll qualify for TTD payments. Florida law limits TTD benefits to a maximum of 104 weeks total for a job-related injury or occupational illness. However, TTD benefits usually end once your doctor says you’ve reached Maximum Medical Improvement (MMI).

Temporary Partial Disability (TPD) Benefits

If your doctor says you can return to work on light duty, you may be eligible for temporary partial disability benefits. However, those payments only become available if you earn less than 80% of your pre-injury wages while you recover.

Workers’ compensation in Florida calculates TPD benefits as follows:

• Take 80% of your weekly work income earned before your on-the-job injury.
• Then, the insurance provider calculates 80% of the difference between that amount and how much you earn now.

You can receive those temporary benefits until you:

• Go back to your normal job duties while earning the same pre-injury wages as before your accident, or
• Until your doctor says you’ve reached Maximum Medical Improvement (MMI), or
• You receive the maximum 104 weeks of TPD benefit payments.

Impairment Income Benefits (IIB)

Once you reach MMI, the doctor will evaluate whether you can do the same work as before earning the same wages. If not, you’ll receive a permanent impairment rating ranging from 1%-75%. They’ll then use that percentage to calculate your impairment income benefits (IIB), which are a type of permanent partial disability (PPD).

Your IIB pay rate usually equals 75% of your TTD benefit amount. You’ll receive biweekly IIB payments for a number of weeks based on your impairment rating:

Impairment rating	Number of Weeks You’ll Receive Permanent Disability Pay
1%-10%	2 weeks of IIB impairment benefits for each percentage point
11%-15%	3 weeks of income per percentage point
16%-20%	4 weeks of benefits per percentage point
21%-75%	6 weeks of IIB pay for each percentage point

Important: It may be possible to negotiate a lump-sum payment for your permanent injury. However, you'll need to waive your right to any future Florida workers' compensation benefits to do so.

Permanent Total Disability (PTD) Benefits

If your injury makes you permanently disabled and unable to work in any job, then you may become eligible for PTD benefits. The Florida Workers’ Compensation Act states that to qualify for permanent total disability benefits, you must:

1. Be unable to find sedentary gainful employment within 50 miles of your home, AND
2. Have a severe and permanent injury that’s listed under Florida Statute § 440.15. This includes things like spinal cord or brain injuries, total eyesight loss, losing a limb, or extensive burn scarring.

If eligible, you may receive these permanent benefits until you turn 75 years old. PTD benefits typically equal two-thirds of your AWW (adjusted for annual inflation) and continue for the duration of your disability.

Death Benefits

If an employee is killed on the job or dies from a workplace accident, death benefits become available. Eligible dependents of deceased workers may qualify to receive death benefits, including:

• $7,500 for funeral and burial expenses paid within 14 days of claim receipt, per Florida Statute § 440.16.
• No more than $150,000 total in death benefits paid to surviving dependents

Widowed dependent spouses who remarry before receiving the maximum $150,000 in benefits may get a lump-sum payout. This payout should equal no more than 26 weeks of benefits paid at 50% of the deceased worker’s average weekly wage. Dependent children can receive death benefits until they turn 18 years old.

Steps for Filing Florida Workers’ Compensation Claims

Every person’s claim experience is unique, but in most cases, the process to apply for workers’ comp in FL is outlined below.

1. Report your work-related injury or illness to your employer before you seek medical treatment.

If you see a doctor before reporting it to your employer, their insurance company can deny your claim. You must report a workplace injury or illness within 30 days in order to qualify for Florida workers’ comp. We strongly recommend doing so in writing, and keeping a copy of anything you give them for your records. An authorized healthcare provider must always treat you in order to have a valid workers’ compensation claim.

Important: The one exception to this rule is if your life's in danger. Go to the nearest ER or doctor's office if you need urgent medical care and report it at work afterwards. If this happens to you, be sure to tell the provider you see that your injury or illness is work-related.

2. Your employer then notifies their insurance company about your workplace injury to officially start your claim.

If your employer fails to file the claim for you or refuses, you may contact the insurance company directly to report your injury. Then, you should receive a packet in the mail explaining your rights, obligations, and any paperwork you need to sign.

Pro Tip: Don't drag your feet if your employer doesn't file your paperwork on time. The statute of limitations (i.e., filing deadline) for Florida workers' comp claims is two years from your injury date. 

3. Sign and return all required forms from the packet you received in the mail from your employer’s insurer.

Once the insurance company gets those forms back from you, they must approve or deny your claim within 14 days. Either way, you’ll get a response back by mail telling you their answer and what steps to take next.

4. If approved, the waiting period in order to qualify for wage-replacement benefits is 7 missed work shifts.

That means that if the doctor determines you cannot work, Florida workers’ comp doesn’t start paying for lost wages until day eight. If you must miss more than three weeks of work under a doctor’s orders, you’ll receive TTD benefits for your first week off.

Injured workers who can go back to work within a week will only qualify for medical benefits from FL workman’s comp.

5. Denied workers’ comp claim? You have the right to appeal and dispute that decision by your employer’s insurer.

At this time, you may wish to hire an experienced workers’ compensation lawyer to help you navigate the appeals process. You can also contact the Employee Assistance and Ombudsman Office (EAO) to help resolve claim disputes. State law limits workers’ comp attorney fees in FL to no more than 20% of your tax-free settlement payout. However, all FL workers’ compensation lawyers accept new cases on contingency. In other words, if you don’t win, you owe your lawyer $0 in legal fees.

Let LegalASAP Connect You with a Local Workers’ Compensation Attorney for a Free Consultation

If you’re injured on the job, it’s important to contact an attorney as soon as possible. Why? Because Florida employers have the right to drug test you on the spot after you report a workplace injury. And if you fail, it’s legal for them to deny you workers’ compensation benefits. You could also potentially lose your job, depending on the circumstances and your employer’s policies.

But, a good workers’ comp lawyer also knows that all injured workers have the right to file a claim without retaliation. Firing you for applying for Florida workers’ comp would count as illegal retaliation, for example. And you wouldn’t have to take a drug test if you weren’t injured on the job. Only an attorney can properly advise you on your case, especially when it comes to protecting your rights at work.

And if you do need to appeal because your employer disputes your claim, your legal counsel can plead your case before a judge. You can be certain that your employer will have a lawyer present at an appeals hearing — are you prepared to fight them alone?

Let LegalASAP connect you with a nearby attorney who specializes in representing workers’ compensation claims. Waiting too long to talk to a lawyer could put you at risk for a missed deadline or even reduce your settlement offer.

When you’re ready for your free consultation, click the button below to find out if you may qualify:

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