Workers' comp claim denied in Florida: what to do next

Contact the free Employee Assistance and Ombudsman Office (EAO) at 1-800-342-1741. The law says you should ask the EAO for help when benefits are not provided.

Your employer's insurer, not the state, usually decides first. If they deny or delay, the free help listed here can explain your options.

Checked against official sources: October 31, 2026.

Deadlines are strict. If you are near one, call the state agency or free help today.

If your claim is denied or delayed in Florida

Who decides: Judges of Compensation Claims, Office of the Judges of Compensation Claims (OJCC), part of the Division of Administrative Hearings
First step: Contact the free Employee Assistance and Ombudsman Office (EAO) at 1-800-342-1741. The law says you should ask the EAO for help when benefits are not provided. The EAO can contact the carrier to try to resolve the problem and can help you fill out and file a Petition for Benefits; it cannot represent you before a judge.
Form: Petition for Benefits (OJCC sample form)
Deadline: The Petition for Benefits must be filed within 2 years after you knew or should have known the injury was work-related, or within 1 year after the last payment of wage benefits or authorized medical care, if later.
Medical disagreements: Ask the carrier in writing for your one-time change of doctor. If the carrier refuses medical care, contact the EAO and, if needed, file a Petition for Benefits that includes the doctor's written request for the treatment. If your employer uses a managed care arrangement, you must first use its grievance process. Either side may get an independent medical examination.
Appealing the decision: Appeal to the Florida First District Court of Appeal.

Try to resolve the problem with the insurance carrier, with help from the EAO. The petition must say you made a good-faith effort to resolve the dispute.
File a Petition for Benefits with the OJCC Central Clerk's Office (by certified mail or eJCC) and send copies to your employer and the carrier by certified mail. List every benefit you are asking for in detail.
Within 14 days the carrier must pay the benefits or file a response explaining why not.
Mediation is required and must be held within 130 days after the petition is filed.
If mediation does not settle the dispute, a pretrial hearing and a final hearing (trial) before the judge follow. The judge's order should be issued within 30 days after the final hearing.
You can appeal the judge's order to the First District Court of Appeal.

Law: Fla. Stat. §§ 440.191, 440.192, 440.25, 440.271

Source: fljcc.org

Sources

The official sources for Florida are listed on the Florida page.

National rules that may also matter

Not covered by state workers' comp?

These federal programs and laws cover some groups of workers instead of, or in addition to, state workers' compensation. If one of them may apply to you, check its rules and deadlines too. They are different from your state's.

Federal Employees' Compensation Act (FECA): Civilian employees of the federal government, including Postal Service employees. Official page

Longshore and Harbor Workers' Compensation Act (Longshore Act): Maritime workers such as longshore workers, harbor workers, ship repairers, shipbuilders and ship-breakers, hurt on navigable waters of the United States or on an adjoining pier, wharf, dry dock, terminal or other area used to load, unload, repair or build ships. Some groups are excluded. Official page
Longshore maximum and minimum for October 1, 2026 to September 30, 2027 (fiscal year 2027): maximum $2,163.92 a week, minimum $540.98 a week.

Law: 33 U.S.C. 906(b); DOL Longshore NAWW table

Defense Base Act: Civilian employees working outside the United States on U.S. military bases or under a contract with the U.S. government for public works or national defense. Claims are handled by the Longshore program. Official page

Federal Black Lung Program: Coal miners who are totally disabled by black lung disease (pneumoconiosis) from coal mine work, and survivors of miners whose deaths were caused by it. Official page

Energy Employees Occupational Illness Compensation Program: Current or former employees of the U.S. Department of Energy and its contractors and subcontractors, and certain uranium miners, millers and ore transporters, who became ill from toxic exposures such as radiation, beryllium or silica at covered work sites, and their survivors. The program is set up by the Energy Employees Occupational Illness Compensation Program Act (EEOICPA). Official page

Railroad workers (Federal Employers' Liability Act): Employees of railroads in interstate commerce. Instead of a workers' compensation claim, a federal law lets an injured railroad worker sue the railroad for damages caused by its negligence.

Seamen (Jones Act): A seaman injured in the course of employment may bring a lawsuit against the employer, with the right to a jury trial, under the same federal rules that apply to railroad workers.

National help

Your state workers' compensation agency answers questions about claims. Many have a free help line, an ombudsman or information officers for injured workers.

The Legal Services Corporation funds 129 nonprofit legal aid organizations in every state, D.C. and the territories. Enter your address on its website to find one near you. You can also look up legal information and free forms at LawHelp.org. Whether a local program handles workers' compensation cases varies.

LawHelp.org