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.

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.

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.

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.

INJURED AT WORK?

If you were hurt at work don’t suffer longer, let a work injury lawyer secure your benefits now. Get a free, no-obligation consultation with a trusted Florida workers’ comp lawyer. Call (407) 308-0327 today.

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

The Statute of Limitations is governed by F.S. 440.19. You typically have 30 days to report your Apopka work injury and two years to file a claim. If you wait too long, you may lose your right to compensation. Learn more about the deadlines here: Florida Workers’ Comp Statute of Limitations.

Each time you receive authorized medical treatment or payment for lost wages, the statute of limitations is extended for one year from that date.

Other Pauses of the Statute of Limitations

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

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.
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.
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:

Frequently Asked Questions

Do I have to report my injury immediately?

Yes. Under Florida law, you must report your work injury to your employer within 30 days. Failure to do so may result in a loss of benefits.

How long do I have to file a claim?

Florida has a two year statute of limitations for workers’ compensation claims. Filing beyond this period may result in a dismissal.

What is the Statute of Limitations?

The Statute of Limitations, F.S. 440.19, states how long you have to file a workers’ compensation claim in Florida. In most instances you have two years.

What if my workers’ comp claim is denied?

If your claim is denied, you can file a Petition for Benefits with the Florida Division of Administrative Hearings. Graves Law can help you file and fight for the compensation you deserve.

Should I wait to file a claim?

Most injured workers need medical treatment after an injury. Filing a claim with your employer’s workers compensation insurance starts this process.

What if I wait to file a workers compensation claim?

If you wait to file a Florida workers’ compensation claim, you may be responsible for paying for you own medical treatment. If you miss the Statute of Limitations or the 30 Day Reporting Period, your claim may be barred.

Should I hire a lawyer for my Florida workplace injury?

While not legally required, hiring an experienced workers’ compensation attorney can greatly improve your chances of receiving full and fair benefits, especially if your claim is delayed or denied. We take workers’ compensation cases on contingency, meaning you don’t pay anything until we settle the case.