FLORIDA WORKERS COMPENSATION STATUTE OF LIMITATIONS

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What is the Florida Workers' Comp Statute of Limitations?

When you are injured at work in Florida, time is not on your side. The workers’ compensation system is designed to provide medical treatment and wage benefits, but strict deadlines called statutes of limitations control how long you have to take action. If you miss these deadlines, you could lose your right to benefits entirely, no matter how serious your injury may be. Understanding Florida’s workers’ comp statute of limitations is critical for protecting your health, your income, and your family’s financial security. At Graves Law, we help injured workers across Florida navigate these time-sensitive rules and fight back when insurance companies try to use deadlines as a reason to deny benefits.

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After a Florida workplace accident, many people ask “what is the Florida Statute of Limitations for workers comp?” It seems like an easy question, however there are many factors that can change the Workers Compensation Statute of Limitations and the answer depends upon the specifics of your case. A Florida workers’ comp attorney can help explain how the Statute of Limitations applies to your case.

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Statute of Limitations Defined

The Statute of Limitations controls how long an injured worker has to file a claim. If the Statute of Limitation expires, then the injured party loses the right to file a claim and loses their right to receive benefits. The start date is easy with cases that have an immediate or obvious injury such as a car accident or an injury from tripping at work. 

The start date becomes a little more complex with less obvious injuries. In a case involving repetitive trauma or an occupational disease, the Statute of Limitations start date is when the injured worker should have reasonably noticed they were injured. The clock may not start until you see a doctor and get a diagnosis or start noticing symptoms.

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Two Year Statute of Limitations

The Statute of Limitations is governed by F.S. 440.19. In general, there is a two year Statute of Limitations for Florida Workers Comp cases starting from the date the injured worker should reasonably have discovered the injury

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Statute of Limitations: One Year Extension

Workers comp cases can drag on a long time, because an injured worker can receive medical treatment as long as necessary. A two year limit on filing a lawsuit isn’t always enough in Florida workers compensation. F.S. 440.19(b) can extend the Statute of Limitations. This statute effectively extends the Statute of Limitations for one year from the last time the injured worker received medical care or indemnity (lost wage) benefits. This means that if the injured worker fills a prescription, the Statute of Limitations is extended for a year.  

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Statute of Limitations: Petition for Benefits

The Statute of Limitations can be extended by filing a Petition for Benefits pursuant to F.S. 440.19(c). Typically, your workers comp lawyer will file the Petition for Benefits for you, as it is a complex document and needs to conform to the requirements of F.S. 440.192 in order to toll the Statute of Limitations. A Petition for Benefits is one of the ways an injured worker can request medical benefits and indemnity benefits.

30 Day Notice Requirement

In Florida workers compensation, an injured worker is required to report the accident within 30 days. The accident must be reported to a supervisor or person in authority. Failure to report the accident within 30 days can result in the claim being completely denied. With cases that involve repetitive trauma or occupational diseases, the injured worker should report the injury upon reasonable discovery of the injury.

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Other Pauses of the Statute of Limitations

There are a few additional ways that the Statute of Limitations is extended.

  1. Mental Incapacity: If the injured worker is mentally incapacitated and unable to file a claim, then the Statute of Limitations may extended. Generally this occurs until a guardian or other representative is assigned. 
  2. No Employer/Employee Relationship: An injured worker’s employer may claim that the injured worker wasn’t an employee. This often occurs with day laborers, construction workers, and temporary workers. Generally, this tolls the Statute of Limitations until a judge can decide the matter. 
  3. Fraud: An injured worker’s employer may claim that the injured worker’s claim was fraudulent. Fraud is very broad. It can include obvious things, such as claiming a work injury when you were injured at home or less clear things, such as speaking with the insurance adjuster and forgetting you were injured in a car accident a few years ago. A claim of fraud will toll the Statute of Limitations until a judge can decide the matter. 

Contact us for a Free Consultation

After an accident, everyone deserves representation no matter the size of your wallet. That’s why Graves Law offers a free consultation with no obligation.  Your recovery is important to us, so you don’t pay anything, not even costs, unless we win. ​Contact Attorney Andrew Graves so that we can discuss your accident at no charge. No matter the claim, we want you to be informed of your rights.

Call Attorney Andrew Graves at (407) 308-0327 or fill out the free case consultation form ​so we can start working today.

We currently take workers compensation cases throughout Florida, from Miami to Jacksonville, including:
 
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