Do You Have to Stay in the State You Were Injured in to Collect Workers Comp in Florida?

Workers compensation is a crucial safety net for employees who suffer injuries on the job. But what happens if you were injured in Florida and then moved to another state? Can you still collect workers comp in Florida?

Let’s take a closer look at workers comp regulations and jurisdiction aspects.

Regulations for Workers Comp in Florida

The workers comp system in Florida mandates that injured workers receive compensation and medical care, protecting employers from lawsuits.

Benefits cover medical expenses, lost wages, and permanent disabilities. Medical provisions span doctor visits, surgeries, and rehabilitation. If injured, workers may get 66.67% of their weekly wage for lost earnings.

Jurisdiction of Workers Compensation Claims

A workers compensation claim must generally be filed in the state where the accident causing the injury has occurred. This entails that if you were injured while working in Florida, your workers compensation claim will have to be filed in Florida, regardless of where you currently reside.

Filing a Claim from Out of State

If you move out of state after your injury, you can still file for workers comp in Florida. The filing process is simple, and the critical first step in the claims process starts with the employee.

When a worker gets injured in the workplace, he/she would inform their supervisor immediately, and, if necessary, go to the appropriate doctor, clinic or emergency room for treatment.

It also is vital that the worker collects evidence at the scene, if possible. The evidence could be photographs, names of witnesses or a summary of the accident that caused the injury. All documents and expenses incurred in treating the injury should be kept.

Florida Statute 440.094: Extraterritorial Reciprocity

Florida Statute 440.094, titled “Extraterritorial Reciprocity,” addresses the issue of workers compensation for employees who are injured while temporarily working outside their primary state of employment.

you can collect benefits even if you move out of state

In-State Employees Working Temporarily Out-of-State

If an employee based in Florida temporarily leaves the state for work and suffers an injury during the course of employment, the employee, or their beneficiaries if the injury results in death, are entitled to the benefits of Florida’s workers compensation laws as if the injury occurred within Florida.

Out-of-State Employees Working Temporarily in Florida

An employee from another state and their employer are exempt from Florida’s workers compensation laws while the employee is temporarily working in Florida for the employer if:

  • The employer has provided workers compensation insurance coverage under the laws of the other state to cover the employee’s employment while in Florida.
  • The extraterritorial provisions of Florida’s workers compensation laws are recognized in the other state.
  • Employees and employers covered in Florida are likewise exempted from the application of the workers compensation insurance or similar laws of the other state.

Credit for Compensation Paid Under Other Laws

When an employee has a claim under the workers compensation law of another state, for the same injury or occupational disease as the claim filed in Florida, the total amount of compensation paid or awarded under this other workers compensation law shall be credited against the compensation due under the Florida Workers Compensation Law.

Temporary Work Defined

An employee is considered to be temporarily in a state, if the employee is working for his employer in a state other than the state where he or she is primarily employed, for no more than 10 consecutive days, or no more than 25 total days, during a calendar year.

Reach Out to a Florida Workers Compensation Lawyer Immediately

If you sustained a workplace injury, you do not have to stay in the state to collect workers comp in Florida. You must comply with Florida’s laws and procedures to file a claim and receive benefits.

Consult with a Florida workers compensation attorney at Work Injury Rights to ensure you understand the process and your rights. Contact us at 954-324-COMP for a free case review.

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