Understanding Florida's Workers' Compensation

Many people are injured on the job each day, and in Florida, employers are required to purchase workers' compensation insurance. This keeps employees from suing their employer for the injuries they sustained while working.

When it comes to workers' compensation, though, many aren't actually aware of what exactly this insurance covers and if the employer is actually liable for the injuries in a capacity that falls outside of the requirements of workers' compensation in Florida.

Workplace Injury and Compensation

Since it is a type of insurance, it typically covers what other insurance policies cover in the case of an accident. This includes medical bills, lost wages, prescription medications, medical equipment, income replacement, and other job benefits that may have been lost due to the injury.

The benefits you receive will depend on the injury and if any kind of disability occurred due to that injury. You may have injured yourself at work one day, but you were able to return a day or two later. In this case, you may find that the medical bills are covered, but you will receive no income replacement benefits because you were able to return to work.

If you end up with a disability, however, that means you can no longer work in your field, then workers' compensation may be required to help you find a different career or job. If you become paralyzed, then this is considered total disability, so you may qualify for income replacement through this insurance.


Now, we should discuss what qualifies a person to receive workers' compensation benefits. For this kind of insurance to go through, the person needs to have sustained at least 50 percent of their injuries while on the job.

You will not likely receive any benefits if the injury was self-inflicted, caused while you were under the influence of drugs or alcohol, the injury was intentional, or you failed to follow the safety rules and failed to use the right safety equipment while on the job.

In addition, if you fall under any of those possibilities listed above, you also won't be able to sue your employer for negligence either because the injury would have been sustained due to your own negligence on the job.

Pain and Suffering

We have already mentioned that workers' compensation may cover medical bills and lost wages as a result of the injury, but what about pain and suffering? Workers' compensation in Florida does not cover pain and suffering like a personal injury claim that isn't related to the workplace may.

A Few Exceptions

When it comes to these claims, it only covers injuries that fall within the scope of work. For example, if your employer rear-ends you on the street on your way to work, this wouldn't qualify as a workers' compensation claim. Instead, you can sue him for any personal injuries you sustain as a result of the accident.

Also direct liability for the employer may be faced if the injury was caused by the negligence of another employee in the workplace, if the employees assumed the risk of the injury, and if the injury was caused by the comparative negligence of another employee within the workplace.

You can sue your employer for your injuries if they failed to carry the proper workers' compensation insurance, or if they refused to process your claim.

Not sure about your rights or what may be covered under workers' compensation in Florida? Don't hesitate to reach out and discuss your injuries and claim with an experienced attorney.

They will be able to litigate your claim and help you get the compensation you need and deserve for your workplace injury.


Client Testimonials

Attorney David Goldman has been exceptional in the process of helping me through the case. He has always been easy to reach, whether by phone or email, and has thorough knowledge and explains clearly in depth so you feel safe and confident in your lawyer

I used Michael Babboni and his paralegal, Nicole Moore for a legal matter. They went above and beyond my expectations. During the entire process there was constant communication with both Michael and Nicole. They were extremely organized and on top of my case, which I am very grateful for. Michael truly had my best interests at heart and he was very genuine. I plan on referring Michael to all family and friends and will continue to use him in the future.

I dealt most with Mr. Fernandez. I didn’t know a lot about this process. He took the time to speak with me individually, in person, to explain everything. It was very helpful to actually know and understand the process and what to expect. He closed my case quickly, which was nice that it was not prolonged! I appreciated his hard work and getting me what I felt I deserved after my car accident. I highly recommend him to anyone who needs an honest and reliable lawyer to assist you with your case!

I hired Mr. Walsh after an automobile accident this past March. He and his entire staff were extremely professional. They kept me informed every step of the way and settled my case in a timely manner. Thank you so much for your help.

Get Your Free Case Review

Fill out my online form.

Law Offices Near You

Sarasota Office



3550 S Tamiami Trail, 3rd Floor Sarasota Florida 34239

Bradenton Office



5291 Office Park Blvd. Bradenton Florida 34203

St. Petersburg Office

St. Petersburg


6446 Central Avenue St. Petersburg Florida 33707

Venice Office



3986 S. Tamiami Trail Venice Florida 34293

Englewood Office



2960 S. McCall Rd Englewood Florida 34224

Port Charlotte Office

Port Charlotte


3986 Tamiami Trail Port Charlotte Florida 33952

Arcadia Office



10 South DeSoto Avenue Arcadia Florida 34266

Fort Myers Office

Fort Myers


8359 Beacon Blvd Fort Myers Florida 33907

Lakeland Office



5137 S. Lakeland Dr. Lakeland Florida 33813

Get personal attention from a lawyer with decades of experience.