Workers’ compensation in Florida was created to offer financial support to employees who endure job-related injuries or illnesses. However, misinformation about the system often prevents workers from pursuing the benefits they deserve. From concerns about job security to misconceptions about eligibility, workers may hesitate to file a claim or unknowingly forfeit their rights.

Below, we debunk some of the most common myths surrounding Florida’s workers’ compensation laws, ensuring employees have the facts they need to protect themselves.

Myth #1: You Can Only Get Workers’ Compensation If Your Employer Was at Fault

Many workers assume that they must prove their employer was negligent to receive workers’ compensation benefits. However, Florida operates under a no-fault system, meaning that injured employees do not need to establish fault. Whether the accident was caused by the worker’s own mistake, another employee, or an unavoidable hazard, benefits are generally available as long as the injury occurred in the course of employment.

That said, there are exceptions. If an injury results from intoxication, drug use, or intentionally self-inflicted harm, the worker may be ineligible for benefits.

Myth #2: If You Report Your Injury, You’ll Lose Your Job

Fear of retaliation keeps many employees from filing a claim, but Florida law prohibits employers from firing or punishing a worker for exercising their rights under the workers’ compensation system. Under Florida Statute § 440.205, employers who retaliate against an employee for filing a claim can face legal consequences.

However, this does not mean that an employer cannot terminate an injured worker for other valid reasons, such as company-wide layoffs or performance-related issues unrelated to the injury. If an employee suspects wrongful termination, consulting an attorney may be necessary.

Myth #3: Only Full-Time Employees Qualify for Workers’ Compensation

Some workers believe that part-time, seasonal, or temporary employees are excluded from workers’ compensation coverage. In Florida, most employers with four or more employees must provide workers’ compensation insurance, regardless of whether the worker is full-time or part-time. Additionally, construction businesses are required to carry coverage if they have at least one employee.

Certain independent contractors may not be covered, but misclassification is a common issue. If a worker is treated like an employee but labeled as an independent contractor, they may still be entitled to benefits.

Myth #4: Pre-Existing Conditions Automatically Disqualify You From Benefits

A pre-existing condition does not necessarily prevent a worker from receiving benefits. Florida law recognizes that work-related activities can aggravate or worsen an existing medical condition. If an injury at work makes a pre-existing condition more severe, the worker may still be eligible for compensation.

However, there is a burden of proof. The injured worker must demonstrate that their job was at least 51% responsible for the worsening condition, as determined by medical evidence.

Myth #5: If You Wait Too Long to File, You Can Still Get Benefits

Florida has strict reporting deadlines for workers’ compensation claims. Injured employees must notify their employer within 30 days of the accident, or they risk having their claim denied. Additionally, a formal workers’ compensation claim must generally be filed within two years of the injury.

Delaying a claim can also make it harder to prove that the injury was work-related, especially if medical records do not immediately document the condition. Reporting injuries as soon as possible increases the likelihood of a successful claim.

Myth #6: Workers’ Compensation Covers All Lost Wages

While workers’ compensation provides wage replacement benefits, it does not fully replace a worker’s lost income. In Florida, injured employees typically receive 66.67% of their average weekly wage if they are temporarily disabled and unable to work.

There are limits on how much an injured worker can receive. For instance, the maximum weekly benefit in 2024 is $1,260. If an employee can return to work with restrictions but earns less than before, partial disability benefits may be available to cover a portion of the wage difference.

Myth #7: You Can Choose Any Doctor for Treatment

In Florida’s workers’ compensation system, injured employees cannot simply visit any doctor of their choosing for treatment. The insurance company or employer selects the treating physician, and this doctor plays a crucial role in determining the worker’s eligibility for benefits.

That said, if the worker is unhappy with the assigned doctor, they are allowed one change of physician, but the new doctor must also be authorized by the insurance provider. Seeking unauthorized treatment can result in medical expenses not being covered.

Myth #8: You Can Only Receive Workers’ Compensation for Physical Injuries

While physical injuries such as fractures, burns, and repetitive stress injuries are commonly covered, Florida law also recognizes occupational diseases and mental health conditions in specific circumstances.

For example, first responders suffering from post-traumatic stress disorder (PTSD) related to their work may qualify for benefits under Florida Statute § 112.1815. However, other workers seeking compensation for purely psychological injuries must typically show that the condition stems from a covered physical injury.

Myth #9: If Your Claim Is Denied, You Have No Other Options

Workers’ compensation claims are sometimes denied due to paperwork errors, missed deadlines, or disputes over the severity of an injury. However, a denial does not mean the case is closed. Injured workers can request a hearing before the Office of the Judges of Compensation Claims (OJCC) to appeal the decision.

Legal representation can be highly beneficial during this process, as an attorney can help gather medical evidence, challenge unfair denials, and negotiate settlements.

Conclusion

The Florida workers’ compensation system exists to protect employees who suffer job-related injuries or illnesses, but misunderstandings about the process often prevent workers from seeking the benefits they are entitled to. Knowing the facts helps employees make informed decisions about filing a claim, seeking medical care, and appealing denials when necessary.

Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away

Navigating Florida workers compensation claims can be challenging. Fortunately, you don't need to do it alone. The experienced lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.

Contact us now for a free legal review.