Workers’ Compensation

Florida Workers’ Compensation: What Injured Employees Need to Know

Florida’s Workers’ Compensation system was designed to provide timely benefits to employees injured on the job—without the need to prove fault. Codified in Chapter 440 of the Florida Statutes, this system generally limits recovery to medical benefits and a portion of lost wages. Unlike personal injury lawsuits, compensation for pain and suffering is not available under workers’ compensation.

Most employers in Florida are required to participate in this system, either by purchasing workers’ compensation insurance or by qualifying as self-insured. The law applies broadly to full-time and part-time employees alike.

A No-Fault System With Historic Roots

The first workers’ compensation system in the United States was introduced in 1910. Today, every state has its own version, but the foundational principle remains the same: provide prompt benefits to injured workers without requiring them to sue their employer.

Before this shift, injured workers had to prove negligence to receive any compensation—often a long and difficult process with uncertain outcomes. Workers’ compensation offered a significant trade-off: in exchange for quick, no-fault benefits, employers gained immunity from personal injury lawsuits stemming from workplace accidents.

The Harsh Reality: Disputes Are Common

While the system was intended to be simple and self-executing, the reality is often quite different. Many injured workers find themselves embroiled in disputes with their employer or its insurance company. These disputes frequently involve:

• Whether an accident occurred at all
• The extent and severity of injuries
• Whether a preexisting condition is involved
• Entitlement to lost wages and calculation of the average weekly wage
• Access to authorized medical care
• Job harassment or retaliation for filing a claim

These issues can turn what should be a straightforward claim into a frustrating and adversarial process.

How We Help

At our firm, we have represented nearly 2,000 injured workers throughout Florida. We handle workers’ compensation cases on a contingency fee basis—meaning our clients pay no attorney’s fees or costs unless we recover benefits on their behalf.

If you’ve been injured on the job and are facing obstacles to receiving the benefits you’re entitled to, we are here to fight for you.

Call or email now to arrange a free consultaton. Our offices are conveniently located in Miami-Dade County, only minutes from I-95 and Biscayne Boulevard in Miami Shores Village. Parking is free and easy. If necessary, a member of the law firm will come to your home, the hospital, or nursing home to meet you. We are available after hours and on weekends.

Important Definitions & Considerations:

• “Accident” means only an unexpected or unusual event or result that happens suddenly. 440.02(1)
• “Maximum Medical Improvement” (MMI) means the date after which further recovery from, or lasting improvement to, an injury or disease can no longer reasonably be anticipated, based upon reasonable medical probability. 440.02(10)
• “Disability” means incapacity because of the injury to earn in the same or any other employment the wages which the employee was receiving at the time of the injury. 440.02(13)
• “Employee” means any person who receives remuneration from an employer for the performance of any work or service while engaged in any employment under any appointment or contract for hire or apprenticeship, express or implied, oral or written, whether lawfully or unlawfully employed, and includes, but is not limited to, aliens and minors. 440.02(15)(a)(b)(c)
• Employee does not include an independent contractor who is not engaged in the construction industry. (The criteria of an independent contractor are set forth in 440.02(15)(d)1.a.)
• “Injury” means personal injury or death by accident arising out of and in the course of employment, and such diseases or infection as naturally or unavoidably result from such injury. 440.02(19)
• “Permanent impairment” means any anatomic or functional abnormality or loss determined as a percentage of the body as a whole, existing after the date of maximum medical improvement, which results from the injury. 440.02(22)
• “Wages” means the money rate at which the service rendered is recompensed under the contract of hiring in force at the time of the injury. 440.02(28)
• Notice of Injury must be given to the employer within 30 days after the date of or initial manifestation of the injury unless the employer had actual knowledge of the injury. (Other considerations apply.) 440.185
• Statute of Limitations for filing Petitions (440.19): within 2 years after the date on which the employee knew or should have known that the injury or death arose out of work performed in the course and scope of employment. Payment of any indemnity benefit or the furnishing of remedial treatment, care, or attendance pursuant shall extend the limitations period for 1 year from the date of such payment. 440.19

Common Industrial (Workers’ Compensation) Injuries:

• Torn Rotator Cuff
• Herniated Discs
• Facial Lacerations
• Carpal Tunnel
• Crushed Bones

Examples of significant injuries the Firm has handled:

• Aggravation of MS
• HIV/AIDS from exposure to blood
• Paralysis
• Amputation
• Retinal Detachment

Call or email today to arrange a free confidential consultation.