The Florida workers compensation act — formally the Florida Workers’ Compensation Law (s. 440.01, Florida Statutes: “This chapter may be cited as the ‘Workers’ Compensation Law'”), found at Florida Statutes Chapter 440 (Title XXXI, Labor), ss. 440.01–440.60 — is the statute behind every workers’ comp claim, benefit and employer mandate in the state.
This plain-English guide to the Florida workers compensation act gives the section numbers next to the rules people actually need: who must be covered, the deadlines, the waiting period, the pay rate, the exclusive-remedy bargain, the ban on retaliation and the penalties. Verified against the official code as of October 2026.
Florida at a Glance
| Official name | Workers’ Compensation Law (s. 440.01, Florida Statutes: “This chapter may be cited as the ‘Workers’ Compensation Law'”) |
| Where it lives | Florida Statutes Chapter 440 (Title XXXI, Labor), ss. 440.01–440.60 |
| First enacted | 1935 |
| Reporting deadline | Generally 30 days after the injury, or 30 days after the first manifestation for occupational disease, under s. 440.185(1)(a). Statutory exceptions apply, so confirm with the Division and a licensed attorney |
| Filing deadline | Under s. 440.19(1), a petition for benefits is generally barred unless filed within 2 years after the date the employee knew or should have known the injury arose from work. Under s. 440.19(2), each payment of compensation or furnishing of authorized medical care extends the deadline to 1 year from the last payment or care |
| Exclusive remedy | s. 440.11(1) makes the employer’s liability exclusive. Two main exceptions: (a) an employer that fails to secure coverage can be sued in tort by the employee, and (b) intentional tort, meaning deliberate intent to injure, or conduct the employer knew (from prior similar accidents or explicit warnings) was virtually certain to cause injury or death, proven by clear and convincing evidence |
In This Florida Guide:
What the Florida Workers Compensation Act Is
A workers’ compensation act is a no-fault deal written into state law: the employer pays for work injuries without the worker proving fault, and the worker gives up most lawsuits against the employer in return. The Florida workers compensation act dates to 1935. It lives at Florida Statutes Chapter 440 (Title XXXI, Labor), ss. 440.01–440.60, and the official text is linked in the sources. s.
440.09(3) bars compensation when the injury was primarily caused by intoxication or drug influence, and drug-free-workplace employers get a presumption under s. 440.102. s. 440.09(5) cuts compensation 25% if the worker knowingly refused a safety appliance or rule. s. 440.093 generally requires a physical injury for mental or nervous injuries (first-responder PTSD is handled separately under s. 112.1815). s.
440.20(4) lets a carrier pay while investigating for up to 120 days, and if it does not deny within that time it waives the right to deny compensability. s. 440.34 sets a statutory attorney-fee schedule. Confirm all details with the Division and a licensed attorney
Who the Florida Workers Compensation Act Covers
s. 440.10(1)(a) requires every employer to secure coverage. The thresholds are in s. 440.02(17)(b): construction employers with 1 or more employees, non-construction employers with 4 or more, and agricultural employers with 6 regular or 12 seasonal employees (seasonal workers must work more than 30 days in a calendar year, totaling 45 or more days) s.
440.02(15)(c)–(d) lists workers excluded from “employee” (for example, independent contractors meeting the statutory test, certain volunteers, and real estate licensees on commission). s. 440.05 covers elections of exemption by corporate/LLC officers, and in construction this is limited to 3 officers who each own at least 10%
Deadlines in the Florida Workers Compensation Act
Waiting period: s. 440.12(1) sets a 7-day waiting period. Those 7 days are paid if the disability lasts more than 21 days. Wage-loss rate: s. 440.15(2)(a) sets temporary total disability at 66 2/3% of the average weekly wage. The yearly maximum weekly rate is set under s. 440.12(2), so confirm the current figure with the Division.
Florida Workers Compensation Act: Key Sections at a Glance
The sections of the Florida workers compensation act that decide most cases, each with its citation:
| Coverage mandate | s. 440.10(1)(a) requires every employer to secure coverage. The thresholds are in s. 440.02(17)(b): construction employers with 1 or more employees, non-construction employers with 4 or more, and agricultural employers with 6 regular or 12 seasonal employees (seasonal workers must work more than 30 days in a calendar year, totaling 45 or more days) |
| Exemptions | s. 440.02(15)(c)–(d) lists workers excluded from “employee” (for example, independent contractors meeting the statutory test, certain volunteers, and real estate licensees on commission). s. 440.05 covers elections of exemption by corporate/LLC officers, and in construction this is limited to 3 officers who each own at least 10% |
| Report an injury | Generally 30 days after the injury, or 30 days after the first manifestation for occupational disease, under s. 440.185(1)(a). Statutory exceptions apply, so confirm with the Division and a licensed attorney |
| File a claim | Under s. 440.19(1), a petition for benefits is generally barred unless filed within 2 years after the date the employee knew or should have known the injury arose from work. Under s. 440.19(2), each payment of compensation or furnishing of authorized medical care extends the deadline to 1 year from the last payment or care |
| Waiting period | s. 440.12(1) sets a 7-day waiting period. Those 7 days are paid if the disability lasts more than 21 days |
| Wage-loss rate | s. 440.15(2)(a) sets temporary total disability at 66 2/3% of the average weekly wage. The yearly maximum weekly rate is set under s. 440.12(2), so confirm the current figure with the Division |
| Exclusive remedy | s. 440.11(1) makes the employer’s liability exclusive. Two main exceptions: (a) an employer that fails to secure coverage can be sued in tort by the employee, and (b) intentional tort, meaning deliberate intent to injure, or conduct the employer knew (from prior similar accidents or explicit warnings) was virtually certain to cause injury or death, proven by clear and convincing evidence |
| Retaliation | s. 440.205 bars an employer from discharging, threatening to discharge, intimidating or coercing an employee because of a valid claim or attempted claim. The remedy is a civil action for damages in circuit court, a right recognized by Florida courts under this section |
| Uninsured employer penalty | s. 440.107(7) authorizes a stop-work order against a noncompliant employer. Under s. 440.107(7)(d)1., the penalty is 2 times the premium the employer would have paid over the preceding 2-year period, or 1000, whichever is greater. s. 440.105(4)(b) adds criminal penalties for knowingly failing to secure coverage |
| Who hears disputes | Disputed claims start with a petition for benefits under s. 440.192 and are heard by Judges of Compensation Claims (s. 440.25). The judges sit in the Office of the Judges of Compensation Claims within the Division of Administrative Hearings (s. 440.45). Appeals go to the First District Court of Appeal (s. 440.271) |
The Exclusive-Remedy Bargain in the Florida Workers Compensation Act
s. 440.11(1) makes the employer’s liability exclusive. Two main exceptions: (a) an employer that fails to secure coverage can be sued in tort by the employee, and (b) intentional tort, meaning deliberate intent to injure, or conduct the employer knew (from prior similar accidents or explicit warnings) was virtually certain to cause injury or death, proven by clear and convincing evidence
Retaliation and Penalties Under the Florida Workers Compensation Act
s. 440.205 bars an employer from discharging, threatening to discharge, intimidating or coercing an employee because of a valid claim or attempted claim. The remedy is a civil action for damages in circuit court, a right recognized by Florida courts under this section s. 440.107(7) authorizes a stop-work order against a noncompliant employer. Under s.
440.107(7)(d)1., the penalty is 2 times the premium the employer would have paid over the preceding 2-year period, or 1000, whichever is greater. s. 440.105(4)(b) adds criminal penalties for knowingly failing to secure coverage Disputed claims start with a petition for benefits under s. 440.192 and are heard by Judges of Compensation Claims (s. 440.25).
The judges sit in the Office of the Judges of Compensation Claims within the Division of Administrative Hearings (s. 440.45). Appeals go to the First District Court of Appeal (s. 440.271)
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Recent Amendments to the Florida Workers Compensation Act
No amendment to the Florida workers compensation act effective in 2024, 2025 or 2026 was identified in the official code at verification time. Benefit maximums still change every year under the existing sections.
How to Read the Florida Workers Compensation Act
Statute pages are written for lawyers, so read the Florida workers compensation act in this order: the definitions section (who is an employee), the coverage section, then the specific section for your question, using the citations above. The official code is the source; the summaries on legal-information sites are not.
If a section of the Florida workers compensation act seems to conflict with what an insurer told you, the section wins — and the state agency’s information line can confirm it for free.
Applying the act: the Florida claim guide turns these sections into steps and dates, and the Florida requirements guide covers the employer side.
Frequently Asked Questions
Where is the Florida workers compensation act in the code?
Florida Statutes Chapter 440 (Title XXXI, Labor), ss. 440.01–440.60. The sources below link to the official text.
How long do I have to report a work injury under the Florida act?
Generally 30 days after the injury, or 30 days after the first manifestation for occupational disease, under s. 440.185(1)(a). Statutory exceptions apply, so confirm with the Division and a licensed attorney. Report in writing as soon as possible either way.
Can I sue my employer instead of using the Florida workers compensation act?
Usually not — the exclusive-remedy section bars most lawsuits against a covered employer. Claims against third parties, and against an uninsured employer, are the common exceptions.
Official Florida Sources & Resources
- Florida Florida Department of Financial Services, Division of Workers’ Compensation. Disputes go to the Office of the Judges of Compensation Claims (DOAH): https://myfloridacfo.com/division/wc (official Florida DFS site; it is not a .gov domain)
- Florida Workers’ Comp Statute: https://www.flsenate.gov/Laws/Statutes/2026/Chapter440/All
- U.S. Department of Labor — Workers’ Comp: dol.gov
- Insurance Information Institute: iii.org
This Florida workers compensation act guide was last verified against official Florida sources in October 2026. Rules change — confirm the current figure with the state agency or a licensed attorney.
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Disclaimer: This guide is informational only and is not legal, medical, or financial advice. Workers Comp Explained is an independent educational resource, not a law firm or insurer. Workers’ comp benefits, settlement values, deadlines, and requirements vary by state and by the specific facts of your injury and change over time, and any settlement figures here are illustrative only.
Confirm your rights and any deadline with your state’s workers’ compensation board and a licensed attorney before you act.