Mrs. López and all of the Staff that had helped us it has been an absolute pleasure. They always had an answer to our questions and treated us with respect but most of all they listened.
Alondra O.Outstanding Attorneys and Legal Team. Lopez, Justin, and Daisy were quick to answer my questions and handled my accident case with speed and courtesy. The outcome was much better than I anticipated.
Robert R.A huge thanks to your office for such a great experience with my case. Special thanks to Denora, Carmen, and especially Kevin for answering my many calls and questions and keeping me informed through the entire process. I’m am extremely happy and grateful with the outcome.
Kathy W.
If you’re hurt on the job in Florida, here’s the short version: Tell your employer about the injury within 30 days, see a doctor approved by your employer, and if your claim is delayed or denied, you usually have two years to file a Petition for Benefits.
If you miss these deadlines, you could lose your right to benefits.
What Is a Workers’ Compensation Claim in Florida?
A workers’ compensation claim is a formal request for benefits, such as medical care and part of your lost wages, after you are hurt or become ill because of your job.
In Florida, the system is called “no-fault,” so you do not need to show that your employer was at fault to qualify.
In return, you usually cannot sue your employer directly for a workplace injury unless a third party was involved.
How to File a Workers’ Compensation Claim in Florida: Step-by-Step
Here’s how the process works, step by step.
Step 1: Report Your Injury to Your Employer Right Away
Florida law gives you only 30 days from the date of your accident, or from when you realized your condition was work-related, to notify your employer.
If possible, report it in writing and include the date, time, and details of how the injury happened.
Even waiting a few weeks can give the insurance company a reason to deny your claim later, so report it right away, even if the injury seems minor.
Step 2: Get Authorized Medical Treatment
After you report the injury, your employer’s insurance company will send you to an approved doctor.
With workers’ comp, you usually can’t choose your own doctor unless it’s a real emergency. To get your benefits, you need to use the doctor they approve.
Make sure to tell the doctor your injury happened at work, and keep copies of all notes and diagnoses.
Step 3: Your Employer Notifies Their Insurance Carrier
In Florida, employers with four or more employees, or just one in construction, must have workers’ comp insurance.
Once your employer knows about your injury, they have seven days to report it to their insurance company.
After that, an adjuster is usually assigned and will contact you to explain your rights and what happens next.
Step 4: The Insurer Accepts or Denies the Claim
If your claim is accepted, you may receive medical benefits and wage-loss benefits.
For example, Temporary Total Disability (TTD) benefits are usually paid at about two-thirds of your average weekly wage for up to two years if you cannot work.
If the insurer denies your claim, they must send you a written notice explaining the reason.
Step 5: If Your Claim Is Denied or Delayed, File a Petition for Benefits
If your benefit is denied, disputed, or not being paid, the next step is to file a Petition for Benefits with Florida’s Office of Judges of Compensation Claims (OJCC).
You usually have two years from your accident to do this, but ongoing medical care or payments can change how the deadline is counted.
A Florida appellate court ruling in March 2026 changed how part of this deadline is calculated, especially if you are still getting treatment or payments.
Since this is a recent and technical change, do not try to figure out your deadline using old advice.
Speak with an attorney to make sure you know your exact situation.
Step 6: Consider Talking to a Workers’ Comp Attorney
Not every claim needs a lawyer. Many simple, accepted claims go through the process without legal help.
But if your claim is denied, your benefits stop suddenly, or you are unsure about a deadline, having an experienced attorney review your case can really help.
The attorneys at López & Humphries have handled more than 50 workers’ compensation trials for injured workers in Central Florida.
Key Deadlines at a Glance
| Deadline | What It’s For |
|---|---|
| 30 Days | Report your injury to your employer. |
| 7 Days | Your employer must notify their insurance carrier. |
| Up to 104 Weeks (2 Years) | Maximum duration of Temporary Total Disability (TTD) benefits. |
| 2 Years | File a Petition for Benefits if your claim is denied or disputed — talk to an attorney, since a 2026 court ruling changed how this deadline can be calculated. |
What Happens If Your Claim Is Denied?
A denial does not mean you have no options. You can ask for mediation through the OJCC.
If that does not work, your case can go to a Judge of Compensation Claims for a formal hearing.
There are deadlines, so do not wait to get help after a denial.
Can You Also File a Personal Injury Claim?
Usually, if you accept workers’ comp benefits, you cannot sue your employer separately.
However, if someone else was partly responsible for your injury, such as a careless contractor, faulty equipment, or another driver in a work-related accident, you might be able to file a personal injury claim against that person or company as well as receive workers’ comp.
It’s a good idea to talk to a lawyer about this, since it could make a big difference in the compensation you receive.
In Summary
Knowing how to file a workers’ compensation claim in Florida means reporting your injury within 30 days, getting treatment from an authorized doctor, and meeting Florida’s filing deadlines if your claim is denied or delayed.
Missing a deadline can cost you the benefits you’re owed.
López & Humphries, P.A. has handled more than 50 combined workers’ compensation trials for injured workers in Polk and Highlands counties.
We offer free consultations, and you pay nothing unless we win your case.
Call (863) 243-6744 or contact us today.
Frequently Asked Questions
How long do I have to report a workplace injury in Florida?
Within 30 days of the accident, or 30 days from when you knew or should have known the injury was work-related.
Do I have to see the doctor my employer chooses?
In most cases, yes. To have your treatment covered, you need to go through your employer's approved provider unless it is a real emergency.
What if my employer doesn’t carry workers’ comp insurance?
Most Florida employers are required to have this insurance. If your employer does not, you might have other legal options. An attorney can explain what applies to your situation.
Can I be fired for filing a workers’ comp claim?
Florida law prohibits retaliation for filing a legitimate claim, though workplace situations can get complicated. If you believe you were let go because of your claim, talk to an attorney promptly.
What’s the difference between workers’ comp and a personal injury claim?
Workers' comp pays for medical costs and part of your lost wages, no matter who was at fault, but it does not cover pain and suffering. A personal injury claim against a negligent third party can cover pain and suffering, and sometimes you can pursue both types of claims together.
