Workers’ Compensation FAQ

A state-mandated insurance program that provides benefits to employees who are injured or get sick because of their job. In Florida, most employers with four or more employees are required to carry it. Workers’ comp covers medical expenses, a portion of lost wages, and rehabilitation costs. It operates regardless of who was at fault for the workplace injury.

Florida’s system is no-fault, meaning you don’t have to prove your employer did anything wrong. You report the injury to your employer, they file a claim with their workers’ comp insurer, and the insurer evaluates it. If the claim is approved, the insurer covers authorized medical treatment and provides wage replacement while you’re unable to work.

1. Medical treatment related to your work injury.
2. Temporary wage replacement, typically two-thirds of your average weekly pay, up to a cap.
3. Permanent impairment benefits if you have lasting effects.
4. Vocational rehabilitation if you can’t go back to your old job.
5. Death benefits for dependents if the injury is fatal.

Report the injury to your employer right away. You technically have 30 days, but sooner is better. Your employer then reports it to their insurance carrier and provides you with medical care authorization. If the claim gets denied or disputed, you can file a Petition for Benefits with the Florida Office of the Judges of Compensation Claims. That’s where having a workers’ comp attorney becomes valuable.

No. Workers’ comp benefits in Florida are generally free from federal and state income tax. That covers medical treatment payments, temporary disability, permanent impairment, and death benefits. One exception to watch: if you’re receiving both workers’ comp and Social Security Disability (SSDI), part of the combined total could become taxable. A tax professional can sort out the specifics.

Settlements usually come into play after you’ve hit maximum medical improvement (MMI), the point where your condition has stabilized. The offer typically involves a lump sum that closes out future benefits. Don’t accept one without talking to an attorney first. Once you settle, you give up your right to future medical coverage and wage benefits for that injury.

In most situations, no. Florida’s workers’ comp system is the exclusive remedy against your employer, which means you trade the right to sue for guaranteed benefits regardless of fault. But there are exceptions: you can file a lawsuit if a third party (not your employer) contributed to the injury, if your employer intentionally caused the harm, or if they didn’t carry the required workers’ comp insurance.

It often does. Surgery signals a more serious injury, drives up medical costs, and frequently leads to a higher permanent impairment rating from your doctor at MMI. All of that directly impacts what your benefits and any settlement offer are worth. The impairment rating after surgery is one of the single biggest factors in determining a lump-sum settlement value.

You can fight it. File a Petition for Benefits with the Office of the Judges of Compensation Claims to start a formal legal proceeding. Claims get denied for a variety of reasons: disputes over whether the injury is work-related, missed reporting deadlines, and disagreements about what treatment is needed. A workers’ compensation attorney can help you build a stronger case on appeal.

Not freely. Under Florida law, the employer or their insurance carrier picks the authorized treating physician. You do get one opportunity to request a change to a different doctor in the same specialty. If you disagree with the authorized doctor’s conclusions, you may be able to get an independent medical examination. Having an attorney helps when you’re navigating disputes over your medical care.