Federal & State Regulations | Workers’ compensation - Florida

State Info

Summary of differences between federal and state regulations

There is no federal workers’ compensation requirement for most private employers.

Insurance requirement: Self-insurance by private carrier, individual employer, or groups of employers.

Exemptions from WC: Employers with fewer than four employees. 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.

Medical benefits provided: After maximum medical improvement is reached, a $10 patient copayment is required for all medical services.

Physician selection: Employer selects physician.

Benefits for temporary total disability (TTD): 66 2/3 percent of worker’s wage for a maximum of 104 weeks. Benefits are subject to Social Security and UI benefit offsets.

Benefits for permanent total disability (PTD): 66 2/3 percent of worker’s wage for duration of disability. Benefits are subject to Social Security and UI benefit offsets.

Benefits for permanent partial disability (PPD): Section 440.15 (3) (b) – Wage loss benefits are based on actual wages lost and are not subject to a minimum. Wage loss is equal to 80 percent of the difference between 80 percent of the employee’s average monthly wage and the wage 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. Maximum period is 364 weeks. Benefits are subject to Social Security and UI benefit offsets.

Scheduled awards: N/A

Disfigurement benefits: Catastrophic injury. If the injury prevents a worker from returning to work, the worker is entitled to permanent total disability benefits.

Death benefits for surviving spouse and children: A spouse alone receives 50 percent and a spouse with children receives 66 2/3 percent of the employee’s wage while a widow/widower and children until 18. Lump sum compensation of 26 weeks payable upon remarriage. Children receive benefits beyond 18 if physically or mentally disabled, or until age 22 if full-time students. Total amount payable is $150,000.

Maximum burial allowance: $7,500

Waiting period: 7 days. Compensation is retroactive if disability continues for 21 days or more from date of injury.

Rehabilitation: Physical rehabilitation is covered under medical services. Employer is responsible for vocational rehabilitation costs including board, lodging and travel for a maximum of 52 weeks. Employees are required to accept VR and will receive TTD benefits plus board lodging, and travel during VR.

Attorney fees: 20 percent first $5,000; 15 percent second $5,000; 10 percent on amount received over first 10 years, 5 percent on balance; statute; determined by agency

Occupational hearing loss statutes: Employee has 2 years from date of discovery to file for compensation. Benefits paid according to degree of impairment and loss of earnings.

Forms - www.myfloridacfo.com/Division/WC/PublicationsFormsManualsReports/Forms/Default.htm

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