Workers' comp fraud is taken seriously in Florida. Here's what injured workers — and employers — need to know about what can get a claim denied, reduced, or prosecuted.
Don't Work Another Job While Collecting Benefits
If you're receiving temporary total disability (TTD) benefits — meaning you're being paid because you can't work — and you take on other employment or self-employment, you're committing workers' comp fraud. Florida Statute 440.105 makes it a first-degree felony to knowingly present false information to obtain workers' comp benefits.
Investigators regularly check social media, public records, and surveillance footage. A post showing you working on a home renovation project while collecting TTD benefits is enough to trigger an investigation.
Don't Miss Medical Appointments
Your treating physician's records are the foundation of your claim. Missing appointments — or failing to follow prescribed treatment — gives the carrier grounds to argue you're not as injured as claimed, or that your failure to treat is breaking the chain of causation between the accident and your current condition.
If you can't make an appointment, call ahead and reschedule. Document everything. Keep records of all medical visits, prescriptions, and treatment notes.
Don't Ignore Return-to-Work Offers
If your employer offers you modified duty work within your medical restrictions and you refuse it without a valid reason, the carrier can reduce or terminate your indemnity benefits. Florida law requires injured workers to accept suitable employment when it's offered.
"Suitable" means within your physical restrictions as defined by your treating physician. If the offered work exceeds your restrictions, document that and notify your attorney or the carrier in writing.
Don't Post on Social Media
Insurance investigators routinely monitor social media during open claims. Photos or videos of physical activity inconsistent with your claimed restrictions — hiking, playing sports, doing yard work — are used to dispute claims and can result in fraud charges.
This doesn't mean you have to be completely inactive. But be aware that anything you post publicly can and will be used against you if it contradicts your medical records.
Don't Exaggerate or Fabricate Your Injury
Workers' comp fraud in Florida is prosecuted aggressively. Exaggerating symptoms, claiming a pre-existing condition was caused by a work accident, or staging an injury are all criminal offenses. Penalties include repayment of all benefits received, fines, and imprisonment.
If you're genuinely injured, you don't need to exaggerate. Report your symptoms accurately and consistently to your treating physician.
For Employers: What You Must Do When a Claim Is Filed
When an employee is injured on the job, Florida employers have specific obligations:
- Report the injury to your workers' comp carrier within 7 days of knowledge of the injury
- Provide the employee with a list of authorized treating physicians
- Do not interfere with the employee's right to seek medical treatment
- Do not retaliate against an employee for filing a workers' comp claim — this is illegal under Florida law
- Document the incident thoroughly: witness statements, photos of the scene, incident report
Failure to report a claim promptly can result in penalties and can complicate your defense if the claim is disputed later.
Frequently Asked Questions
Can I be fired while on workers' comp in Florida?+−
Florida is an at-will employment state, so technically you can be terminated while on workers' comp — but you cannot be fired in retaliation for filing a workers' comp claim. If you believe you were fired in retaliation, consult an employment attorney.
Can I work a second job while on workers' comp in Florida?+−
If you're receiving temporary total disability benefits, working any other job — including self-employment — can constitute fraud. If you're on temporary partial disability (working reduced hours), you may be able to work, but your benefits will be adjusted. Consult your carrier or attorney before taking any other work.
What happens if a workers' comp claim is denied in Florida?+−
You can petition the Florida Office of Judges of Compensation Claims (OJCC) for a hearing. You have the right to legal representation. The carrier must provide written notice of the denial with the specific reasons.
How long does workers' comp last in Florida?+−
Temporary total disability benefits last up to 104 weeks. Permanent impairment benefits are calculated based on your impairment rating. There is no time limit on medical benefits for accepted claims, though they must be related to the work injury.
Published by Precision Underwriters Inc. dba Bright Coast Insurance — Licensed Florida Insurance Agency, License #L103957. This content was researched and written with AI assistance and reviewed by a licensed insurance professional. The information is general in nature and does not constitute insurance advice for your specific situation.