Last updated July 24, 2026 · Reviewed by Carolyn Friedman Frank, a Florida workers’ compensation and medical malpractice lawyer and Partner at Friedman Rodman Frank & Estrada, P.A.
Florida workers’ compensation is the only claim an injured employee has against an employer. Florida Statute § 440.11 makes that trade explicit, and it is the reason a workplace injury claim and a personal injury lawsuit are two different things carrying two different sets of damages.
Chapter 440 pays indemnity benefits and authorized medical care, and that is the whole of it. There is no provision anywhere in the chapter for noneconomic damages, which is the deliberate other half of the bargain the Legislature struck. A claim against a negligent third party who is not the employer runs in circuit court under ordinary negligence law, where those damages are available, and it can proceed at the same time as the comp claim. Our workers’ compensation attorneys look for that second claim in every serious injury file.
South Florida Personal Injury Lawyers Blog












