Articles Posted in Workers’ Compensation

Last updated September 10, 2026 · Reviewed by Carolyn Friedman Frank

An employee attacked on the job by a stranger can qualify for workers’ compensation benefits in Florida, the Florida Supreme Court held on July 9, 2026. The decision, Bouayad v. Normandy Insurance Co., quashed a First District Court of Appeal ruling that had taken a far narrower view of workers’ comp for assault at work in Florida. One way to show the attack is work-related, the Court said, is proof that the job duties and work environment exposed the worker to an increased risk of assault.

Florida Statute § 440.09(1) requires an employer to pay benefits for an injury “arising out of work performed in the course and the scope of employment.” The Court read that phrase to require a real connection between the injury and the job, not proof that the task the worker was doing at that moment caused the harm.

Last updated July 24, 2026 · Reviewed by Carolyn Friedman Frank, a Florida attorney who handles workers’ compensation and medical malpractice matters.

Florida’s First District Court of Appeal has changed how the deadline for filing a workers’ compensation petition is calculated, in an en banc decision issued March 23, 2026. The court held that benefit payments and authorized medical care do not lengthen the two-year window, which is what roughly 25 years of its own case law had concluded. They stop the clock instead, and it restarts a year later.

Under Florida Statute § 440.19(1), a petition for benefits is barred unless it is filed within two years of the date the worker knew or should have known the injury arose out of work. Section 440.19(2) tolls that period for one year from the last payment of indemnity benefits or the last furnishing of authorized treatment. In Estes v. Palm Beach County School District, the court held that this tolling suspends the two-year period rather than extending it, so the two years do not begin running until one year after benefits or care stop. Our workers’ compensation attorneys read that as a meaningfully longer window than the one carriers have been calculating.

Last updated July 24, 2026 · Reviewed by Carolyn Friedman Frank, a Florida workers’ compensation and medical malpractice lawyer and Partner at Friedman Rodman Frank & Estrada, P.A.

Florida workers’ compensation is the only claim an injured employee has against an employer. Florida Statute § 440.11 makes that trade explicit, and it is the reason a workplace injury claim and a personal injury lawsuit are two different things carrying two different sets of damages.

Chapter 440 pays indemnity benefits and authorized medical care, and that is the whole of it. There is no provision anywhere in the chapter for noneconomic damages, which is the deliberate other half of the bargain the Legislature struck. A claim against a negligent third party who is not the employer runs in circuit court under ordinary negligence law, where those damages are available, and it can proceed at the same time as the comp claim. Our workers’ compensation attorneys look for that second claim in every serious injury file.

An independent medical examination — called an IME — is a medical evaluation ordered by your employer’s workers’ compensation insurance carrier, not your own doctor. If you have an active workers’ comp claim in Florida, there is a good chance the insurer will schedule one at some point. Knowing what it is and how it works can help you protect your benefits.

What an Independent Medical Examination Actually Is

An independent medical examination is an evaluation performed by a physician chosen and paid by the insurance carrier to assess your injury and your ability to work. The word “independent” is misleading — this doctor is not neutral. They work at the request of the insurer and submit their report directly to them.

A workplace fall can leave you with wrist pain that does not fade, swelling that limits grip, and numbness that makes simple tasks hard. A Miami workplace injury lawyer will tell you early on that the first diagnosis in a claim is often not the full story. If a claim administrator later refuses to add the hand or wrist conditions your doctor identifies, you still can fight to have those diagnoses recognized and covered. Results usually turn on objective findings, a clear symptom timeline, and medical opinions that connect the condition to the work accident.

What Compensable Means in Practice

Workers’ compensation benefits generally depend on whether the condition arose out of work and whether medical evidence supports the causal link. In Florida, the injury and its occupational cause must be established to a reasonable degree of medical certainty based on objective relevant medical findings, and the work accident must be the major contributing cause of the condition for which treatment is sought. That standard often becomes the battleground when a carrier accepts a claim for a basic sprain or strain but later denies a more specific diagnosis.

A work-related crash or lifting injury can leave a truck driver dealing with pain, missed paychecks, and an insurer that asks for documentation at every step. Many workers focus on the medical facts, which makes sense. Procedure can still determine how quickly treatment is approved, whether wage benefits continue, and how disagreements are reviewed by a court.

​A recent Florida First District Court of Appeal decision involving a trucking employer and a third-party administrator reflects how often workers’ compensation disputes turn on process, timing, and the form of the order being challenged. The case’s posture also highlights a problem injured workers often face. Not every dispute gets immediate appellate review, even when the consequences feel urgent.

​Florida Truck Driver Workers’ Compensation Benefits

Workers’ compensation disputes can feel final long before they truly are. A judge of compensation claims issues an order, benefits change or stop, and the injured worker is left trying to understand whether any review is possible. In Florida, appeals in workers’ compensation cases follow specialized rules, and certiorari review sits in a narrow lane that does not operate like a second trial or a do-over on the facts. A recent First District decision denying a petition for writ of certiorari shows how limited this path can be, even when the stakes feel high.

Certiorari review is not designed to correct every error or revisit every disputed detail. The court generally reserves it for situations in which a challenged ruling causes harm that cannot be remedied later through the normal appellate process. That threshold shapes outcomes and explains why many petitions are denied without extended discussion.

Florida Workers’ Compensation Appeals

If you were injured at work in Florida and are receiving workers’ compensation benefits, being scheduled for an Independent Medical Examination can feel unsettling. The exam may be presented as routine or neutral, but its impact on your claim can be significant. Many injured workers are surprised to learn that an IME can determine whether treatment continues, whether wage benefits stop, or whether the insurance carrier claims you are ready to return to work. Understanding how IMEs work and how to approach them can help you protect your benefits and your credibility.

What an Independent Medical Exam Really Is

An Independent Medical Exam, often called an IME, is an evaluation requested by the workers’ compensation insurance carrier when there is a dispute about your injury, treatment, or work status. Despite the name, the doctor performing the exam is usually selected and paid by the insurance company. That does not mean the doctor is automatically biased, but it does mean the exam is not the same as a visit with your treating physician.