In Florida, employees injured in an on the job accident or during the course of employment may pursue workers' compensation claims in the state and other jurisdictions to recover up to the total amount of benefits authorized under Florida law. An employee of an out-of-state employer who travels into Florida is entitled to benefits under Chapter 440, Florida's Workers' Compensation Act if injured in Florida. Philyaw v. Arthur Fulton, Inc., Liberty Mutual Insurance Company and Division of Workers' Compensation, Department of Labor and Employment Security, 569 So.2d 787 (Fl. 1st DCA 1990). Claimant, Philyaw, was driving a truck involved in an accident on I-75 in Ocala, Florida. He was a Georgia resident and the employer was located in Virginia. At all times material, the claimant's work originated or was localized in Virginia or Georgia. The court held that due to the claimant's injury occurring in Florida, sufficient state interest arose under the Act to provide for subject matter jurisdiction in Florida. Since this case in 1990, the First District Court of Florida has followed the court's decision on Philyaw in two other decisions. Solsaa v. Werner Enterprises, Inc., 937 So.2d 681 (Fl. 1st DCA 2005); North Alabama Transportation v. Steele, 664 So.2d 318 (Fl. 1st DCA 1995).
According to Florida's workers' compensation laws, an employee is entitled to benefits whether or not the employee is a citizen of the state of Florida. The Florida Workers' Compensation Act provides coverage for employees injured on the job in Florida, even if the injury occurred during employment for an out of state employer. If an employee is injured in an accident in Florida during employment with an out-of-state employer, the employee would be covered under Florida jurisdiction under the Florida Workers' Compensation Act based on the fact that the occurrence of the injury was in Florida. If an employee is a citizen of the state of Florida and an accident occurs while employed outside the state, the employee or the employee's dependents are entitled to compensation if the employment contract was made in the state or the employment was localized in Florida.
In some states, workers' compensation laws prevent an employee from bringing a claim in another jurisdiction if the location was deemed too inconvenient for the defendant employer. However, under Florida law there is no provision prohibiting compensation claims if bringing the claim in Florida is non conveniens. This prevents workers' compensation claims from being dismissed and deferred to a jurisdiction where the claimant and employer have more substantial contacts than the state where the injury occurred. Florida law on workers' compensation requires an employer to admit or deny a workers' compensation claim within 120 days of a claim to protect employees injured in on-the-job accidents from prolonged periods of uncertainty of their claim. Claims for benefits under Florida's workers' compensation laws must be filed within 2 years after the date the employee or employee's estate knew or should have known that the injury or death was the result of an on the job accident or from work performed during the scope of employment except if the employer has workers' compensation insurance coverage in another state or the laws in that state cover the employee while working in Florida or the benefits in the employer's state is the exclusive remedy for a workers' compensation claim.
Whether or not you are a citizen of the state of Florida, you may be entitled to Florida workers' compensation benefits. With offices in Tampa, Ocala, Naples, Jacksonville, Fort Lauderdale, West Palm Beach and Miami, our attorneys have experience in workers' compensation law throughout Florida. If you were injured in a work-related accident or have an accidental death claim on behalf of a family member that was the result of an on the job accident or work performed during the scope of employment, the attorneys of Feldman, Fox, & Morgado can get you the workers' compensation you deserve.
