Palm Bay’s workforce, from construction crews to warehouse teams, is vulnerable to accidents every day. When injuries occur on the job, it’s vital to know how Florida law protects workers and whether you should rely on workers’ compensation or consider a personal injury lawsuit.
This guide breaks down both options, explaining which paths may apply based on updated 2025 legal standards.
1. Workers’ Compensation: No-Fault Benefits for Injured Workers
Florida requires most employers to carry workers’ compensation insurance.
This no-fault system ensures that if you’re hurt on the job, you can receive:
- Medical care, from ER to rehabilitation
- Wage replacement, 66⅔% of your average weekly wage, up to a max of $1,295/week
- Permanent impairment benefits, if your injury has long-term effects
- Vocational support, if you can’t return to your prior role
- Death benefits, for dependents if the injury is fatal
You don’t need to prove fault, just that the injury happened while performing job duties. In exchange, workers generally cannot sue their employer for negligence.
2. Filing a Workers’ Comp Claim: Timelines and Steps
A. Report Immediately (Within 30 Days)
Florida law gives workers 30 days to inform their employer in writing of a work injury. Failure to meet this deadline may lead to denial of benefits unless there are special circumstances like delayed symptoms or employer intimidation.
B. Seek Medical Treatment
Employers or their insurance carriers have the right to select the treating physician. As of 2025, Senate Bill 362 has increased reimbursement rates for medical providers treating injured workers. Physicians now receive about 175% of the standard Medicare rate, and surgical procedures are reimbursed at approximately 210% of Medicare rates. This adjustment aims to ensure injured workers get prompt and quality care.
Additionally, expert witness compensation has increased, helping strengthen medically contested claims.
C. Employer Files the Claim
Once you’ve reported the injury, your employer is responsible for submitting a First Report of Injury or Illness to their insurance company. The insurer then reviews the case and determines whether to accept or deny it.
D. Appeals if Denied
If your claim is denied or your benefits are insufficient, you can file a Petition for Benefits with the Florida Division of Workers’ Compensation. The process includes mediation, a pretrial hearing, and possibly a formal trial before a Judge of Compensation Claims. Legal representation becomes especially useful during this process.
3. When a Personal Injury Lawsuit May Be Possible
Image Filename: man-using-crutches-to-walk
Image Alt Text: A man using crutches to walk, indicating a significant injury.
Image Caption: Beyond workers’ comp, a personal injury lawsuit may be possible if a third party is at fault.
Although Florida bars suing your employer when workers’ comp applies, you may pursue a third-party personal injury claim if another party contributed to your injury.
For example:
- You’re hit by a negligent driver while making a delivery
- Faulty machinery from the manufacturer injures you
- A property owner fails to maintain safe premises
- A subcontractor’s error causes an accident
These lawsuits allow recovery beyond workers’ comp, including:
- Full lost wages
- Pain and suffering
- Emotional distress
- Property damage
- Long-term earning capacity loss
Under Florida’s modified comparative negligence, your recovery may be reduced if you share some fault, so long as you’re not over 50% to blame.
4. Coordinating Both Claims
In many workplace injury cases, pursuing both a workers’ compensation claim and a personal injury lawsuit is appropriate. However, managing both simultaneously requires careful attention to legal coordination.
If you succeed in a third-party lawsuit, the workers’ comp insurer has the right to place a lien on your settlement or award to recover the medical and wage payments it issued. This is known as subrogation. Failing to properly account for this can result in losing a large portion of your settlement or facing legal complications.
An experienced attorney can structure the timing and terms of both claims to minimize offsets, preserve your full recovery rights, and negotiate lien reductions. They can also make sure settlement terms don’t inadvertently waive your rights under Florida law.
Another key consideration is timing. Workers’ comp claims have their own administrative timelines and processes, while personal injury lawsuits are subject to the statute of limitations, typically two years from the date of injury under Florida law. Missing a deadline in either system can eliminate your chances of receiving compensation.
5. Key Deadlines You Can’t Miss
Florida enforces strict time limits for workplace and injury claims:
- Workers’ Comp Notice: 30 days to report the injury
- Workers’ Comp Benefits Filing: Must occur within 2 years of injury
- Personal Injury Lawsuits: Also typically must be filed within 2 years, though exceptions may apply in cases like hidden injuries
Delays can result in denied claims or lost rights, so take prompt action.
6. When to Consider Legal Help
Hiring an attorney can be beneficial in cases of:
- Denied workers’ comp claims
- Disputed injury causation
- Complex third-party liability
- Injuries involving serious harm, such as traumatic brain or spinal injuries
- Employer retaliation after filing a claim
A skilled lawyer can handle interactions, collate medical proof, and ensure your rights are robustly defended.
Take the Right Action
Workplace injuries in Palm Bay can have far-reaching consequences. By understanding your rights under Florida’s workers’ compensation system, along with potential third-party personal injury claims, you’re better prepared to protect your well-being and financial future. Early and thorough action is the best way to safeguard your recovery.
About the Author
This blog was written by a legal content specialist experienced in Florida workers’ compensation and personal injury law.
Many injured workers looking for injury lawyers serving Palm Bay trust Frankl Kominsky Injury Lawyers for their deep experience navigating both no-fault benefits and third-party claims. They are known for guiding injured individuals through Florida’s legal processes with clarity and care. They can be contacted here.
