Jurisdiction and Venue

Posted in Legal Alerts on May 24, 2022

One of the major questions at the outset of a case is whether a court can take jurisdiction over it. The first determination is whether Florida is the appropriate state in which to file the workers compensation claim. Of course, if an accident happened in the State of Florida, a claim can probably be filed for benefits under the Florida Workers Compensation Act; Chapter 440 of the Florida Statutes.  However, an employee may be able to file a claim in Florida for an accident that occurred outside of Florida if the employment contract was made in Florida or if the employment was principally based in Florida.  If you have an issue with an Employee seeking benefits in under Florida Workers Compensation, for an accident outside the State of Florida, we can provide guidance on possible defenses and investigation. 

In contrast to jurisdiction, venue applies to where in in Florida, the case is heard.  In all disputes over workers’ compensation claims are heard by the Office of the Judges of Compensation Claims. The county where the accident occurs determines which district the case is assigned to.  With recent changes to the way districts are assigned throughout the state, having local knowledge in the area of the state where the claim is being heard can assist in bringing about a quick resolution. Knowledge about the doctors, attorneys, mediator and judge involved in a case helps to provide advice about possible outcomes.  With offices in every district, we are available where your claim is located with local knowledge.