Articles Posted in Workers' Compensation

Can a Worker Injured Outside Florida Be Eligible for Florida Workers’ Compensation Benefits? Under § 440.09(1)(d), Fla. Stat., an employee injured outside Florida may still be entitled to Florida workers’ compensation benefits if certain conditions are met: “If an accident happens while the employee is employed elsewhere than in this state, which would entitle the…

Florida Statute 624.155 gives people the right to sue insurance companies if they mishandle claims and cause financial harm. However, workers’ compensation insurance carriers are exempt from these provisions. Section 440.11(4) provides as follows: “Notwithstanding the provisions of s. 624.155, the liability of a carrier to an employee or to anyone entitled to bring suit in…

Most work-related injuries arise from acute, single-incident accidents — a fall, a lifting injury, or a sudden mechanical failure. With few exceptions (such as injuries caused by horseplay), these “one-time” accidents are compensable under Florida’s workers’ compensation system. But what about injuries that develop gradually over time — through years of physical stress or repetitive…

Personal injury and workers’ compensation cases differ significantly in the remedies they offer and the parties they involve. It is not uncommon for an individual injured in the course of employment to also have a viable personal injury claim. Workers’ compensation cases are brought against the employer and its insurance carrier, whereas personal injury actions…

These are uncertain and challenging times in Florida (and the entire United States) for undocumented immigrants, as the Trump Administration and Florida Governor Ron DeSantis seemingly delight in making their lives increasingly difficult. Interestingly, when it comes to workers’ compensation benefits, Florida law protects certain undocumented workers. Florida offers three types of wage-loss benefits to…

This blog is a verbatim repost, title and all, of an excellent article recently published in the Florida Workers’ Advocates internet Newsletter. The author: Justyn Needel, Legislative Specialist at Injured Workers Pharmacy. ********************************************** The 2025 legislative session in Florida was far from ordinary. Lawmakers reconvened for a special session, which concluded on June 15, 2025, to address…

The competition to advance money to individuals injured in accidents is intense, driven by the prospect of a high return on investment. Numerous companies, including large national players, engage in this market, offering what is known as “non-recourse funding advances.” Because the only collateral is the injury claim itself—whether a workers’ compensation or personal injury…

In every negligence action for personal injury or wrongful death, the plaintiff must establish three core elements: (1) a duty owed by the defendant; (2) a breach of that duty; and (3) that the breach proximately caused the claimed damages. While duty and breach often dominate attention, proximate cause is the element that connects wrongdoing…

Some legal wrongs give the aggrieved party more than one avenue of redress. A common example arises when an injured person must choose between pursuing a remedy under common law or seeking benefits under Florida’s Workers’ Compensation Law, Chapter 440, Florida Statutes. However, once a path is chosen and pursued past a certain threshold, the…

Few provisions in Florida’s workers’ compensation law demand more careful attention from carriers than section 440.20(4), Florida Statutes. Commonly referred to as the “120-Day Rule,” this statute outlines the process for determining compensability of an injury and can create compensability by operation of law when not followed properly. The full statutory language is as follows:…