Florida law

Workers' Compensation Laws in Florida.

Florida's workers' compensation system is a no-fault system — you do not need to prove your employer was negligent. Coverage requirements vary: non-construction employers need 4 or more employees, while construction employers need just 1. Benefits include medical treatment, temporary and permanent disability payments, and death benefits. The employer or carrier selects the treating physician, though employees may request one change.

Last verified: 2026-02-25

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State law

Statute of Limitations

30 days (report) / 2 years (claim)Fla. Stat. §§ 440.185, 440.19

You must report the injury to your employer within 30 days. A formal petition for benefits must be filed within 2 years of the date of injury, or within 1 year of the last payment of compensation or last authorized medical treatment, whichever is later.

Exceptions

Occupational Disease — 1 year from knowledge of disabilityFla. Stat. § 440.19

For occupational diseases, the limitations period runs from the date the employee knew or should have known the disability was related to employment.

State law

Filing Requirements

Report to EmployerFla. Stat. § 440.185

Report the injury to your employer within 30 days. Written notice is recommended. Your employer must provide you with an informational brochure about your rights within 3 business days.

Petition for BenefitsFla. Stat. § 440.19

If benefits are denied or disputed, file a Petition for Benefits with the Office of the Judges of Compensation Claims (OJCC) within 2 years of the injury date.

State law

Key Florida Statutes

Covered EmployersFla. Stat. § 440.02

Non-construction/non-agricultural employers with 4 or more employees must carry coverage. Construction employers must carry coverage with just 1 employee. Agricultural employers need 6 regular employees or 12 seasonal workers.

Temporary Total Disability BenefitsFla. Stat. § 440.15

TTD benefits pay 66 2/3% of your average weekly wage, up to 104 weeks or maximum medical improvement (MMI), whichever comes first. Benefits cannot exceed the statewide average weekly wage.

Choice of PhysicianFla. Stat. § 440.13(2)(f)

The employer or carrier selects the treating physician. The employee may request a one-time change of physician, but the alternate must be authorized by the employer/carrier and practice within the same specialty.

Anti-RetaliationFla. Stat. § 440.205

Employers cannot discharge, threaten, intimidate, or coerce any employee for filing a valid workers' compensation claim or attempting to claim compensation.

State law

Official Sources

Florida Legislature — Statutes Florida Division of Workers' Compensation

Not Legal Advice

This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in Florida.

Workers' Compensation Laws in Florida.

Ask about a workers' compensation deadline, right, or next step.

Statute of Limitations

Filing Requirements

Key Florida Statutes

Official Sources

Not Legal Advice

Other state law topics.