Workers' comp deadlines in Florida: tell your employer and file

Tell your employer in Florida

Time limit

30 days

Counted from

The date of the injury or the date the injury first showed itself; or, if the cause could not be known without a medical opinion, the date a doctor tells you the injury is work-related

In writing?

The law does not require writing

If you are late

If you do not tell your employer within 30 days, your claim can be denied. A late report does not end the claim if your employer or its agent actually knew about the injury, if your employer did not post the required notice, or if exceptional circumstances explain the delay.

Illness that develops over time

For an illness or injury whose cause can only be identified by a doctor, the 30 days start when a doctor tells you it arose out of your work.

Tell your employer about the injury as soon as possible, and no later than 30 days after it happens or first shows itself. If you could not know the injury was caused by work without a doctor's opinion, you have 30 days from the date a doctor tells you it is work-related. The law says you must 'advise' your employer; it does not require a written form, but a written, dated note gives you proof.

Law: Fla. Stat. § 440.185(1)

Source: myfloridacfo.com

File your claim in Florida

Time limit

2 years

Counted from

The date you knew or should have known that the injury was caused by your work; extended to 1 year after the last payment of wage benefits or the last authorized medical care, if that is later

What to file

Petition for Benefits, filed with the Office of the Judges of Compensation Claims (Central Clerk's Office, 2001 Drayton Drive, Tallahassee, FL 32311) by certified mail or electronically through eJCC, with copies served on your employer and the insurance carrier (only needed if benefits are denied or not paid)

Who files it

You report the injury to your employer. Your employer reports it to its insurance carrier. If your employer will not report it, you can report it to the insurance carrier yourself (the carrier's name should be on the workers' compensation poster at work), or ask the Employee Assistance and Ombudsman Office for help.

What your employer must do

Your employer must report the injury to its insurance carrier within 7 days after it knows about it and give you a copy of the report. The insurance carrier must mail you an informational brochure about your rights within 3 days after it gets notice of the injury.

When the insurer decides

The carrier must pay the first wage check or deny the claim by the 14th day after your employer learns of the injury (when you are out of work 8 days or more in a row). If the carrier is not sure, it must start paying while it investigates and must accept or deny the claim within 120 days after it first pays or provides benefits; if it does not deny within 120 days, it generally loses the right to deny that the injury is covered.

Illness that develops over time

The same 2-year period applies, counted from the date you knew or should have known the illness was caused by your work.

There is no claim form for you to file with the state when your claim is going smoothly. If benefits are denied or not paid, you must file a Petition for Benefits within 2 years after the date you knew or should have known your injury was work-related. Each payment of wage benefits or authorized medical care extends the deadline to 1 year from that payment or care. The claim closes 1 year after your last medical treatment or payment of compensation if the 2 years have already passed. You must also have told your employer about the injury.

Law: Fla. Stat. §§ 440.19(1)-(2), 440.192(1)

Law: Fla. Stat. §§ 440.185(2), 440.20(2), (4)

Source: myfloridacfo.com

Waiting period and first payment in Florida

Waiting period

Wage benefits are not paid for the first 7 days of disability. Medical care is covered from the first day.

Paid back for the waiting days

If your disability lasts more than 21 days, you are paid for the first 7 days too.

First payment

The first payment (or a denial) is due by the 14th day after your employer learns of the injury, when you are disabled for 8 days or more in a row. After that, payments are made every two weeks. A payment that is more than 7 days late gets a 20% penalty plus 12% yearly interest.

How often you are paid

Every two weeks

Law: Fla. Stat. §§ 440.12(1), 440.20(2)(a), (6)(a), (8)(a)

Source: myfloridacfo.com

Deadline helper

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