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Workers' Compensation Summary - Florida

The Division of Workers' Compensation, Department of Financial Services administers the Workers' Compensation program in Florida. The following brief summary is intended to provide a general overview of Workers' Compensation coverage and benefits in Florida. See the separate topic for help with acronyms. For further information contact your local or state Workers' Compensation Program office. This information is based on data originally provided by the U.S. Department of Labor and updated by the Division of Workers' Compensation, and is believed current as of January 2011.

In Florida, compensation benefits are adjusted annually, and changes become effective January 1 of each year. The rates shown below are in effect from January 1, 2011 to December 31, 2011.

NOTE: Senate Bill 50-A, the 2003 Workers' Compensation Reform Act, passed during the first special session of the Legislature in 2003, making substantial changes for the first time in a decade to the workers' compensation system. Some provisions of the bill became effective on July 15, 2003; most provisions became effective on October 1, 2003; other provisions of the bill went into effect on January 1, 2004. A summary of the Bill's provisions in PDF format (requires Adobe Acrobat Reader) is available online at:
http://www.fldfs.com/WC/pdf/SB50Asum.pdf

Type of Law and Insurance Requirements

In Florida, workers' compensation is compulsory, but some waivers are permitted. There is no state fund. Employers may insure through private carriers, self-insurance, or through groups of employers. There is an exemption for employers with fewer than 4 employees.

Coverage of Agricultural Workers

Agricultural workers are covered, except those performing agricultural labor on a farm in the employ of a bona fide farmer or association of farmers, employing less than 5 regular employees and less than 12 other employees at one time for seasonal employment in less than 30 days, provided such seasonal employment does not exceed 45 days in the same calendar year.

Coverage of Domestic Employees

Employers are permitted to provide voluntary coverage.

Medical Benefits

Provides full medical benefits initially. After maximum medical improvement is reached, a $10 patient copayment is required for all medical services.

Benefits for Temporary Total Disability (TTD)

The percentage of worker's wage paid is 66 2/3. For weekly payments, the minimum is $20 or actual wage if less, and the maximum is $782, 100% of SAWW. The maximum period of payments is 104 weeks. WC benefits are subject to Social Security and UI benefit offsets.

Benefits for Permanent Total Disability (PTD)

The percentage of worker's wage paid is 66 2/3. For weekly payments, the minimum is $20 or actual wage if less, and the maximum is $782, 100% of SAWW. The maximum period of payments is the duration of disability. WC benefits are subject to Social Security and UI benefit offsets.

Benefits for Permanent Partial Disability (PPD)

The percentage of worker's wage paid is 66 2/3. For weekly payments, there is no minimum and the maximum is $782, 100% of SAWW. For non-scheduled injuries, the maximum period of payments is 364 weeks, and the maximum payment amount is $284,648. Benefits are paid according to a wage loss formula, rather than a statutory schedule, subject to a maximum of 364 weeks of compensation for disability greater than 24%. Wage loss benefits are based on actual wages lost and are not subject to a minimum. Wage loss is equal to 80% of the difference between 80% of the employee's average monthly wage and the wage the employee is able to earn after reaching maximum medical improvement, provided the monthly wage loss benefits shall not exceed 66 2/3 percent of the employee's average monthly wage at the time of injury. WC benefits are subject to Social Security and UI benefit offsets.

Disfigurement Benefits

Florida law covers disfigurements that are "Serious facial or head". Benefits are $250 for each percent of permanent impairment of the body as a whole from 1 to 10 percent; and $500 for each percent in excess of 10 percent.

Offset Provisions in State Laws

Section 440.15(3)(b)(4) --Provides that if an employee is entitled to both wage-loss benefits and Social Security retirement benefits, the Social Security retirement benefits will be primary and wage-loss benefits supplementary. The sum of any combined benefits must not exceed the amount of wage-loss benefits which would otherwise be payable.

Section 440.15(9)--Weekly compensation benefits for disability are offset by the amount of any Federal OASDI payments so that the claimant's total benefits do not exceed 80 percent of his/her average weekly wage.

Section 440.15(10)(a)--No weekly compensation payments are made for temporary or permanent total disability under the workers' compensation law for any week in which unemployment compensation benefits are paid.

Section 440.15(10)(b)--Offsets wage-loss or temporary partial disability benefits by the amount of any unemployment compensation benefit payments.

Section 440.39(3)(a)--Provides that workers' compensation benefits received by a migrant worker will be offset 100 percent against any benefits recovered under the Migrant and Seasonal Agricultural Worker Protection Act.

Contact Information

Division of Workers' Compensation
Customer Service Center
200 East Gaines Street
Tallahassee, FL 32399-4227

Phone: (850) 413-1601

Internet: http://www.fldfs.com/WC/

Additional Information

An overview of the Workers' Compensation sections of the Florida Administrative Code (FAC) and their corresponding forms is available online at:
http://www.fldfs.com/WC/forms.html

The Florida Workers' Compensation Statutes, Chapter 440, are available online at:
http://www.flsenate.gov/Statutes/index.cfm?App_mode=Display_Statute&URL=Ch0440/titl0440.htm

Other State's Summaries

Curious about the Workers' Compensation program in another state? Want to see a summary like this one? Click here to select another state's summary.

Source

Information for this topic was drawn from:
http://www.fldfs.com/WC/
http://www.myfloridacfo.com/WC/bulletins.html

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