Florida Workers’ Compensation Laws

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UPDATED: Jul 16, 2021

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Written By: Jeffrey JohnsonUPDATED: Jul 16, 2021Fact Checked

Florida workers’ compensation laws address many of the issues that arise when a Florida employee suffers a disability due to an incident on the job. Benefits are provided under the Florida workers’ compensation system.

Claims under Florida Workers’ Compensation

Physical injuries that result from workplace accidents or mishaps are within the scope of Florida workers’ compensation laws. These injuries may include those resulting from an employee slipping or falling. However, a worker who is injured because he is using alcohol or drugs does not fall under the umbrella of Florida workers’ compensation benefits, nor do stress-related mental conditions or pain and suffering.

In addition, if a worker contracts a disease at work, or develops an illness because of the work she does or because of the conditions to which she is exposed at work, she is eligible for Florida workers’ compensation benefits.

Lastly, if a worker dies from his occupational injury or disease, his dependents may be paid death benefits to compensate for lost wages.


Florida Workers’ Compensation Benefits

Income benefits, medical treatment, reimbursement for mileage, and funeral and death benefits are all available as part of the Florida workers’ compensation system.

Income Benefits

1) Temporary Total Disability Benefits (TTD): If you cannot perform all of your job functions because of your worksite injury or illness, you may receive TTD compensation depending on the severity of your injury. If your injury is severe, you can get up to 80% of your pre-injury wages for up to 6 months following your accident. If your injury is not quite so severe, you can get 2/3 of your regular wages.

2) Temporary Partial Disability Benefits (TPD): An employee cannot perform the same job duties as he did with his old job, but he can still work in some way, even if not for the same amount of hours or in the same way. If he is receiving reduced pay in his current capacity, he may receive compensation if he cannot make 80% of the money he earned prior to his injury.

3) Permanent Total Disability Benefits (PTD): Permanent total disability is handled by the Florida Bureau of Monitoring and Audit. This agency can be contacted at (850) 413-1608 for an estimate of your PTD compensation.

4) Permanent Partial Disability Benefits (PPD): If you are permanently affected by your injury even after you have reached maximum improvement medically, you will receive PPD benefits if you have an impairment rating of greater than 0% as calculated by the Florida Department of Financial Services. Consult the Florida impairment income benefit calculator for more information.

Additional Florida Workers’ Compensation Benefits

Healthcare Treatment: Your employer’s insurance carrier will pay your medical provider for any treatment you need as a result of your workplace injury or illness. This generally includes, among other things, any prescriptions you require, doctor’s bills, or bills for hospital visits.

Reimbursement for Mileage: Payment for travel costs to and from medical appointments, and some compensation for lost wages incurred because of travel and time spent in medical treatment may be possible under Florida workers’ compensation benefits.

Funeral and Death Benefits: If an employee dies from his worksite illness or injury, Florida workers’ compensation allows his relatives or other dependents to recover death benefits to compensate for the loss of his earning capacity. Death benefits are available up to $150,000. Additionally, relatives may be able to get reimbursement for funeral costs up to $7,500.


Florida Workers’ Compensation Statutes

Refer to the workers’ compensation section of the Florida statutes.

Employers Subject To Workers’ Compensation: Workers’ Compensation, Title 31, Chp. 440, § 2; Covered Employees: Workers’ Compensation, Title 31, Chp. 440, § 2; Benefits: Workers’ Compensation, Title 31, Chp. 440, § 15; Claims Procedure: Workers’ Compensation, Title 31, Chp. 440, § 29.

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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Written by Jeffrey Johnson
Insurance Lawyer Jeffrey Johnson

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