Articles Posted in workers' compensation

For more than thirty years, lawyers and judges have misapplied the statute of limitations in Florida workers’ compensation cases. Undoubtedly, this error has deprived countless injured workers of benefits to which they were entitled. In Estes v. Palm Beach County School District, an opinion issued on March 23, 2026, the First District Court of Appeal…

Lwa Florid § 440.13 gouvène dispozisyon swen medikal anba sistèm konpansasyon travayè Florid la. Anjeneral, anplwayè a ak konpayi asirans li a (kolektivman, “E/C”) egzèse yon kontwòl sibstansyèl sou swen medikal yon travayè blese. Manifestasyon ki pi enpòtan nan kontwòl sa a se dwa legal E/C a pou chwazi doktè otorize pou trete moun ki…

Florida Statute § 440.13 governs the provision of medical care under Florida’s workers’ compensation system. As a general rule, the employer and its insurance carrier (collectively, the “E/C”) exercise substantial control over an injured worker’s medical care. The most significant manifestation of this control is the E/C’s statutory right to select the claimant’s authorized treating…

El Estatuto de Florida 624.155 otorga a las personas el derecho a demandar a las compañías de seguros si gestionan de forma indebida las reclamaciones y causan perjuicios económicos. Sin embargo, las aseguradoras de compensación laboral están exentas de estas disposiciones. El artículo 440.11(4) establece lo siguiente: “Sin perjuicio de lo dispuesto en el artículo…

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…