Common Injuries During a Move and What Out of State Injured Workers Need To Know About Florida Workers Compensation

Moving can be physically demanding and dangerous. Whether someone is lifting heavy furniture, loading a truck, carrying boxes down stairs, or driving a moving vehicle across the state, serious injuries can happen quickly. Florida sees a significant number of work related injuries involving movers, delivery workers, and temporary labor crews each year.

For workers injured while helping with a move in Florida, understanding how workers compensation laws apply is critical. This is especially true for out of state workers temporarily working in Florida.

Common Moving Related Injuries

Moving injuries often involve repetitive lifting, awkward movements, and unsafe conditions. Common injuries include:

• Back and neck injuries
• Herniated discs
• Shoulder injuries
• Knee injuries
• Slip and falls on stairs or wet surfaces
• Crush injuries from dropped furniture
• Truck loading accidents
• Heat exhaustion and dehydration

Many of these injuries require extensive medical treatment and time away from work.

Moving Truck and Transportation Accidents

Driving large moving trucks can create additional risks. Accidents frequently occur due to:

• Driver fatigue
• Blind spots
• Improperly secured cargo
• Heavy traffic in tourist and urban areas
• Inexperienced commercial drivers

Workers injured in moving truck accidents may have both a workers compensation claim and a third party injury claim if another driver caused the crash. Florida law allows injured workers to pursue claims against negligent third parties in certain situations.

Hiring Professional Movers

Many consumers hire professional moving companies to reduce the risk of injury and property damage during relocation. Many provide residential and commercial moving services that may help reduce lifting related injuries and transportation risks.

Even with professional movers, workplace injuries can still happen when employees are handling heavy furniture, navigating stairwells, or working in extreme Florida heat.

Florida Workers Compensation and Out of State Workers

One issue that frequently arises involves out of state workers who are temporarily working in Florida when an injury occurs.

Florida workers compensation law contains a provision called extraterritorial reciprocity under Florida Statute 440.094. The law addresses when out of state employees may be exempt from Florida workers compensation requirements and when Florida jurisdiction may apply. (The Florida Senate)

In general, an out of state employee temporarily working in Florida may still need to pursue benefits under Florida workers compensation law depending on:

• Whether the employer carried valid workers compensation insurance in another state
• Whether reciprocity applies between the states
• Where the employment is principally localized
• The duration and nature of the Florida work assignment

These cases can become complicated very quickly, particularly for interstate moving companies and transportation workers crossing state lines. Workers are often surprised to learn that the state where the injury occurred can significantly impact the claim, medical treatment rights, and available benefits.

Reporting Requirements for Florida Workers Compensation Claims

Florida workers compensation claims have strict deadlines. An injured worker generally must report the injury within 30 days of the accident or within 30 days of learning the injury may be work related. Failure to timely report the injury can result in denial of benefits. (F.S. 440.185)

The injury must also arise out of and occur within the course and scope of employment. Florida law further requires that the workplace accident be the major contributing cause of the injury. (F.S. 440.09) Insurance carriers often dispute whether lifting injuries or repetitive strain injuries are truly work related, especially if the worker had prior medical issues.

Challenges With Out of State Medical Treatment

If you are an out of state worker who was injured in Florida, then the case must be filed in the Florida courts and under Florida law. Florida law requires the insurance company to provide a doctor within 50 miles of your residence, whether or not you reside in Florida. This means if you’re a line worker from Louisiana who was working in Florida after a hurricane, they will provide you a doctor near your residence in Louisiana.

Likewise, if you move out of state or out of country, the insurance company must provide a doctor within 50 miles of your new residence. For example, if you’re injured in a workplace injury in Florida and move to Columbia, then the insurance company must provide a doctor near your new residence.

Out of state medical treatment often results in delays in scheduling. This can delay treatment and complicate recovery for movers and transportation workers who travel frequently for work assignments. It’s important to work with an experienced workers’ compensation lawyer in these situations.

How a Florida Workers Compensation Lawyer Can Help

Workers compensation claims involving moving companies and out of state workers are often more complicated than standard workplace injury cases. A Florida workers compensation lawyer can help by:

• Investigating whether Florida jurisdiction applies
• Determining whether another state’s workers compensation laws may also apply
• Ensuring reporting deadlines are met
• Fighting denied claims
• Requesting authorized medical treatment
• Handling litigation before the Judge of Compensation Claims

These cases may involve disputes over compensability, medical authorization, average weekly wages, and jurisdictional issues between multiple states.

Final Thoughts

Moving related injuries can have serious physical and financial consequences. Whether the injury involves lifting furniture, falling on stairs, or a moving truck accident, workers compensation benefits may be available under Florida law. Out of state workers injured in Florida often face additional legal and insurance complications involving jurisdiction and medical treatment. Understanding how Florida workers compensation law applies is critical to protecting your rights after a workplace injury.

If you were injured while working in Florida during a move or transportation assignment, speaking with an experienced Florida workers compensation attorney can help you determine what benefits may be available and which state’s laws apply to your claim.