Workers’ compensation insurance provides key benefits to workers hurt on the job or who become ill because of job-related exposures. Under Florida law, workers’ comp covers a broad range of medical costs and a portion of lost income, but some benefits are not covered under workers’ compensation, such as full income replacement, unauthorized medical care, or non-economic damages like pain and suffering.
An Orlando workers’ compensation lawyer can help you understand what workers’ comp benefits you are entitled to and if there are any options for recovering any additional compensation in your case.
What Does Workers’ Compensation Cover?
By law, most employers in Florida must provide workers’ compensation coverage. This insurance policy provides no-fault benefits for employees who are hurt on the job. This means they can file a claim for benefits regardless of liability.
With an approved claim, an injured or ill worker can receive payments for:
- Authorized medical care
- Partial wage replacement until they can return to their previous job
- Permanent impairment benefits if they have lasting injuries
- Vocational rehabilitation, job retraining, and other related costs
To consult with an experienced workers’ compensation lawyer today
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What Does Workers’ Compensation NOT Cover?
Workers’ compensation policies do not compensate workers for many common costs and damages resulting from a work-related injury, such as:
Full Income Replacement
Florida workers’ compensation benefits typically replace two-thirds of your average weekly wage up to the statutory maximum (which is $1,295 as of 2025), according to the Florida Department of Financial Services. If you make significantly more than this cap, you could take home significantly less money than you are accustomed to because of a workplace injury.
Per Florida Statutes § 440.12, you will also not get paid workers’ compensation wage benefits for the first seven days you are out of work unless you miss at least 21 days of work because of your injuries.
Unauthorized Medical Treatment
Florida workers’ compensation coverage will not pay for unauthorized medical expenses. The insurance company must approve the medical care provider who assesses and treats your injuries. Your employer should have a list of approved care providers in your area.
If you seek treatment from a doctor or facility that is not approved by the insurance carrier, it may refuse to pay for your care. This could include your initial care, second opinions, specialist consultations, and alternative treatments.
Pain and Suffering
Workers’ compensation does not cover pain and suffering or other non-economic damages you suffered because of your on-the-job accident.
Workers’ compensation laws do not allow you to sue your employer even if their negligence caused your injuries. This leaves you with little opportunity to seek compensation for your physical or emotional pain and suffering after a workplace injury, unless a third party caused your injury.
Does Workers’ Comp Come With Job Protection or Reinstatement?
Your employer cannot fire you for getting hurt or filing a workers’ compensation claim. However, workers’ compensation laws in Florida do not require your employer to hold your job for you while you recover. You do not have any guarantee that you will retain your job or be rehired when you’re ready to return to work.
If you lose your job during your recovery, your workers’ compensation benefits will continue until you recover and your doctor releases you or you receive the maximum benefits.
It is also worth noting that your employer is not obligated to provide light-duty work if you are hurt and cannot complete the tasks related to your usual job. However, many employers will accommodate this request if your injuries are healing but you have medical restrictions that require changes to your job duties.
Does Workers’ Comp Cover Independent Contractors?
In general, independent contractors do not receive workers’ compensation benefits. If you are hurt on the job as an independent contractor, you will need to cover your own costs for medical care and lost wages or explore other options for compensation.
Under some circumstances, an employee may be misclassified as an independent contractor. When this occurs, the contractor could qualify for workers’ comp. A workers’ compensation attorney can review your case to determine if this happened to you.
Exploring Your Legal Options After a Workplace Injury
If you want to account for your full range of expenses and losses after a workplace injury, you may qualify for a third-party negligence case. This is possible when you suffered an injury in a work-related accident caused by a negligent third party.
In this situation, you could file a personal injury claim or lawsuit against someone who is not your employer or a co-worker. Some common examples include:
- Vehicle drivers
- Subcontractors
- Property owners
- Equipment manufacturers
While Florida law prevents you from suing your employer, you may file a lawsuit against a liable third party to seek compensation for additional damages not covered under workers’ compensation, such as your full range of income losses, pain and suffering damages, and any other out-of-pocket costs associated with your injuries.
The best way to learn if you may have a third-party case based on your workplace injuries is to discuss your options with an Orlando personal injury lawyer.
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Talk to Our Team About Your On-the-Job Injury Today for Free
At Bogin, Munns & Munns, we represent injured workers based on contingency. We are a full-service personal injury law firm that practices almost the full spectrum of Florida law, including workplace injuries, workers’ compensation denials, employment law, and personal injury claims. Our experienced workers’ comp lawyers have been fighting for the rights of injured workers since 1979.
We provide free initial consultations to help you understand your options and explain how we can help. We have several offices across Central Florida. Many of our clients do not have to leave their community to meet with our team and get the legal help they deserve. Contact us today to learn how we can help with your workplace injury case.
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