There has been a lot of discussion recently regarding the Florida Worker’s Compensation statute of limitations. However, for the most part, despite some cases suggesting a longer than 2 years statute of limitations, recent cases have somewhat clarified the situation.
As such, the Florida Worker’s Compensation statute of limitations remains 2 years.
Under Florida Statute 440.19, the payment of lost wages, the provision of medical treatment, or the filing of a petition for benefits the statute of limitations.
How the Statute of Limitations Works
The reasonable interpretation of 440.19 is this… The statute of limitations runs for 2 years from the date of an injured worker’s accident. Then, every time the injured worker sees a physician or receives payment, the statute of limitations is extended for one additional year. With this means is that after the first year of the client’s date of accident, the client must receive payment of a loss wage benefit or received medical treatment every year so that the statute of limitations is extended for one additional year.
Example #1
Client injured on January 1, 2026. Client receives medical treatment on January 2, 2026, but no additional medical treatment received and no payment of lost wage benefits. The statute of limitations will run on January 1, 2028.
Example #2
Client injured on January 1, 2026. Client last receives medical treatment on January 15, 2027. Since the January 15, 2027 receipt of medical treatment was after one year from the date of accident, that date of treatment extends the statute of limitations and it will not run until January 15, 2028.
Example #3
Client injured on January 1, 2026. Client last receives lost wage benefits on January 15, 2027 but last receives medical treatment on November 20, 2027. Since the last date of medical treatment was November 20, 2027, the statute of limitations will not run on this claim until November 20, 2028.
What to Do If You Face Benefit Disputes
If your employer or their workers’ compensation insurance company is attempting to deny you workers’ compensation benefits due to time limits or for any other reason, we strongly encourage you to seek counsel from an esteemed work injury lawyer, such as those at Berlin Law Firm.
Our attorneys have nearly 40 years of experience working for the insurance carriers and are proud to use the defense’s playbook for our clients’ best interests. Please contact us today for a free, no-obligation consultation. We can explain your options in plain language and help secure any rightfully due benefits to which you are entitled.
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