Florida workers’ compensation leads should be screened for the rules that most often decide Florida claims: whether the injury was reported to the employer within 30 days, whether the petition deadline (generally two years from the injury, or one year from the last benefit payment, whichever is later) is still open, whether the employer is required to carry coverage, and whether the claimant is an employee rather than an independent contractor.
IronFlow Advertising is based in Tampa, Florida, and Florida workers’ compensation is a market we know well. The state’s system has several features that make screening especially important: strict notice requirements, coverage thresholds that vary by industry, a carrier-directed medical care system, and regulated attorney fees. Each of those affects which leads a Florida firm can actually use.
The sections below cover the rules that most often decide whether a Florida lead is viable. Statutes change, so confirm current law before relying on any of this.
Notice to the employer
Under section 440.185 of the Florida Statutes, an injured employee generally must report the injury to the employer within 30 days of the accident, or within 30 days of learning that an injury is work-related in cases where that connection is not immediately obvious. Late notice can bar a claim unless an exception applies.
That makes “did you report the injury, and when?” one of the most important screening questions for any Florida lead. A claimant who reported promptly is in a much stronger position than one who waited, and a claimant who has not reported at all may still have time to do so, which your intake team should know immediately.
Time limit to file
Under section 440.19, a petition for benefits generally must be filed within two years of the injury, or within one year of the last payment of compensation or furnishing of medical care, whichever is later. That second provision matters: a claimant whose injury was more than two years ago may still have a viable claim if they received benefits or treatment recently.
For leads with older injury dates, screening should ask when the claimant last received benefits or authorized medical care, so your attorneys can evaluate whether the deadline is still open.
Who must carry coverage
Florida’s coverage requirements depend on the industry. Construction employers generally must carry workers’ compensation coverage if they have one or more employees. Most non-construction employers must carry it if they have four or more employees. Agricultural employers have separate thresholds based on the number of regular and seasonal workers.
Screening for the claimant’s industry and a rough estimate of their employer’s size helps identify claims against employers who may not have been required to carry coverage, or who were required to but did not. Either situation changes the case significantly.
Employee or independent contractor
Misclassification is common in Florida’s construction, trucking, delivery, and gig economy sectors. A worker classified as an independent contractor may in fact be an employee under the law, depending on who controlled the work, how they were paid, and other factors.
Asking how the claimant was paid, whether through a W-2 as an employee or a 1099 as a contractor, and who directed their work gives your attorneys an early view of whether classification will be an issue. It is one of the most common reasons a Florida workers’ compensation lead turns out not to be viable, or turns out to be more complicated than it first appeared.
Carrier-directed medical care
In Florida, the employer or its insurance carrier generally authorizes the treating physician, rather than the injured worker choosing their own. Whether treatment has begun, and whether it was authorized by the carrier, tells your intake team a great deal about where the claim stands: whether the carrier has accepted it, whether there are disputes over care, and whether the claimant may need help getting treatment approved.
Attorney fees
Claimant attorney fees in Florida workers’ compensation are governed by section 440.34 and are subject to approval by a Judge of Compensation Claims. Because fees are regulated, the amount a firm can earn on a given case is more predictable, and more limited, than in personal injury. That makes disciplined cost-per-case tracking especially important for Florida firms buying leads. See how much do workers’ compensation leads cost?
Suggested Florida screening questions
The questions below reflect the rules covered above. Most Florida firms will want to ask some version of each before a lead is delivered.
This article is general information for law firms and is not legal advice. See our workers’ compensation lead program for how these criteria are applied in live Florida campaigns.
Frequently asked questions
How long does a Florida worker have to report an injury?
Generally 30 days from the accident or from when the employee knew or should have known the injury was work-related, under section 440.185, Florida Statutes. Exceptions exist.
What is the deadline to file a Florida workers’ comp claim?
A petition for benefits generally must be filed within two years of the injury, or one year from the last payment of benefits or medical care, whichever is later, under section 440.19.
Can I buy Florida workers’ comp leads by county?
Campaigns can be targeted to the Florida markets your firm serves, and each claimant’s ZIP code is captured during screening.
Written by the IronFlow Advertising team
IronFlow Advertising builds exclusive lead generation campaigns for law firms, lenders, insurance agencies, and home service companies. Questions about anything in this article? Call (251) 233-4916 or send us a note.