How to Fill Out Florida Form P-5.0280 (w/Examples) + FAQs

Florida Form P-5.0280 is the official Petition for Benefits (PFB) that an injured worker, the worker’s attorney, or a designated representative files with the Florida Office of the Judges of Compensation Claims to formally request workers’ compensation benefits when an employer or carrier denies, delays, or underpays them. Anyone whose on-the-job injury claim is stuck — whether wages stopped, surgery is unauthorized, or mileage is unreimbursed — uses this form to open a contested case under Florida Statute § 440.192.

The Petition for Benefits is the gateway to a hearing in front of a Judge of Compensation Claims, and a single missing field, a wrong date, or a vague benefit description can cause the petition to be dismissed without prejudice, restarting the clock and stalling treatment. According to the OJCC Annual Report, more than 60,000 Petitions for Benefits are filed every year in Florida, and roughly one in five is dismissed for technical defects before it ever reaches a merits hearing.

Here is what this guide covers:

  • 📝 Exactly what each line of Florida Form P-5.0280 means and how to answer it
  • ⚖️ The statute, deadline, and good-faith effort rules that govern the petition
  • 👥 Three full filled-out examples following real injured workers from start to finish
  • 📬 How to e-file through the OJCC e-JCC portal and what to do if you cannot
  • 🚫 The most common mistakes filers make and the direct consequences of each

What Florida Form P-5.0280 Is and Who Must File It

Florida Form P-5.0280 is the standardized Petition for Benefits approved by the OJCC under Rule 60Q-6.107, Florida Administrative Code. It is the only document that opens a workers’ compensation dispute case in Florida, and it must be served on the employer, the carrier, and any third-party administrator at the same time it is filed with the OJCC. The petition’s revision date is printed at the bottom of the form, and filers should always pull the current PDF directly from the OJCC forms library rather than relying on a saved copy.

Any injured worker covered by Chapter 440 of the Florida Statutes can file this form, including full-time employees, part-time employees, seasonal workers, and most independent contractors who fall within the statute’s coverage tests under § 440.02. In practice, the form is filed by three groups: claimants’ attorneys, pro se injured workers, and (less often) employers or carriers seeking a declaratory ruling. The form is not used for federal workers, longshore workers, or federal employees, who file under the Longshore and Harbor Workers’ Compensation Act or FECA instead.

The petition triggers strict procedural deadlines: the carrier has 14 days to either pay the requested benefit or file a response, and the case automatically advances to mediation within 130 days under § 440.25(1). Filing this form also tolls the statute of limitations, which means the two-year filing window in § 440.19 stops running on the date the petition is e-filed.

Before You Start: Documents and Information You Need

Gather every piece of paperwork before opening the form, because the e-JCC portal times out after 30 minutes of inactivity and a half-finished petition will not save. The Petition for Benefits asks for dates, dollar amounts, doctor names, and statutory citations that are easy to fumble if you are guessing. A clean pre-filing checklist also helps you survive the good-faith effort requirement under § 440.192(4), which forces you to contact the carrier before filing.

Pull these eight items together before you start:

  • The Notice of Injury (DWC-1) filed with the carrier, because the date of accident on the petition must match this exactly or the carrier will move to dismiss for inconsistent pleadings.
  • The carrier’s denial letter or Notice of Action/Change (DWC-12), since the petition must reference the specific denial you are challenging or the OJCC will treat the petition as premature.
  • All authorized treating physicians’ names, specialties, and addresses, because requests for medical care must name the doctor or specialty being requested.
  • Your average weekly wage (AWW) calculation worksheet, because indemnity claims rise or fall on the AWW figure under § 440.14.
  • Mileage logs, prescription receipts, and out-of-pocket expense records, since reimbursement claims that lack documentation get struck.
  • The carrier’s claim number and the OJCC case number, because misfiling under the wrong case number sends the petition into the wrong judge’s queue.
  • A government-issued photo ID and your Social Security number, because the OJCC redacts SSNs but still requires them for identity matching.
  • Your good-faith effort log, including dates, times, and the name of the adjuster you contacted, since the carrier can move to dismiss any petition that lacks a 14-day pre-filing demand.

If any one of these items is missing, the petition can survive filing but will likely die at the first motion to dismiss. Take the extra hour to assemble the file before clicking New Petition in e-JCC.

Where to Get the Form and How to Access It

The official PDF of Form P-5.0280 lives on the OJCC forms page and is the only version courts accept. Do not download the petition from law-firm blogs, third-party legal sites, or PDF-fillable archives, because those copies are often stripped of the current revision date and may use outdated field labels that the e-JCC parser will reject.

Almost every petition in Florida is filed electronically through the e-JCC portal, which is mandatory for attorneys under Rule 60Q-6.108 and strongly preferred for pro se filers. Setting up an e-JCC account requires an email address, a password, and identity verification through the OJCC’s user-management system. After account creation, the portal walks you through a guided web form that mirrors the paper P-5.0280 field by field.

Pro se filers without internet access can mail or hand-deliver a paper petition to the OJCC clerk in Tallahassee at 1700 Mahan Drive, but paper filings still require service on the carrier by certified mail the same day. Aisha, an injured warehouse worker in Jacksonville without home internet, drove to her county law library, used a public terminal to e-file, and printed the date-stamped confirmation as her proof of filing. That confirmation page is the legal equivalent of a clerk’s stamp, and you should save both a PDF and a screenshot before closing the browser.

Step-by-Step: How to Fill Out Florida Form P-5.0280 Line by Line

The Petition for Benefits is divided into a caption block, a parties block, an accident-information block, a benefits-requested block, a good-faith effort block, and a signature block. Each block is its own logical grouping with its own traps. The walkthrough below follows the order printed on the official PDF, using the exact field labels from the OJCC’s current revision.

Field 1: OJCC Case Number

This field asks for the case number the OJCC has already assigned to your claim, if one exists.

To answer it, copy the case number from any prior OJCC order, mediation notice, or the e-JCC dashboard. The format is YY-NNNNNN, for example 24-014382. If this is your very first petition for this accident, leave the field blank and the e-JCC system will generate a new number on submission.

For example, Maria Lopez, who filed a prior petition in 2023, types 23-008127 into the OJCC Case Number field, while Carlos Rivera, filing for the first time, leaves it blank.

The most common edge case is a worker with two separate accidents on different dates; each accident gets its own case number, and the petitions cannot be combined.

A common mistake is reusing a District Court of Appeal case number or the carrier’s claim number in this field, which routes the petition to the wrong judge and forces a manual re-docketing that can take weeks.

A widespread misconception is that the case number changes every time a new petition is filed; in fact, all petitions for the same accident share one OJCC case number for the life of the claim.

Field 2: Judge Assigned

This field asks which Judge of Compensation Claims is currently assigned to your case.

To answer it, pull the judge’s name from the most recent OJCC order or the e-JCC case summary page, and write it as Judge Firstname Lastname. New cases leave this field blank, because the OJCC clerk assigns the judge by district at intake.

For example, Janet Brooks, with an existing Tampa case, writes Judge Mark H. Hofstad in the field.

The nuance here is that judges retire, transfer, or recuse, so the judge listed on a 2022 order may no longer hold the case. Always confirm against the e-JCC dashboard before filing.

A common mistake is naming the mediator or the judge from a prior unrelated case, which makes the petition appear filed in the wrong court and triggers a clerk’s notice of deficiency.

A common misconception is that the filer can choose the judge; assignment is fixed by accident location and district under Rule 60Q-6.103.

Field 3: Employee/Claimant Full Legal Name

This field asks for the injured worker’s full legal name as it appears on a government-issued ID.

To answer it, write the name in First Middle Last order, with no nicknames, no initials in place of full names, and no titles. If the worker uses a suffix such as Jr. or III, include it.

For example, Marcus T. Daniels Jr. writes his name exactly as it appears on his Florida driver’s license.

The edge case to know is name changes after marriage or divorce; if the DWC-1 was filed under a maiden name, file the petition under the current legal name and attach a short notice of name change to avoid carrier confusion.

A common mistake is using a preferred or nickname like Marcus Danny Daniels, which creates a mismatch with the carrier’s claim file and gives the carrier grounds to deny service.

A common misconception is that middle names are optional; the OJCC’s identity-matching system uses middle names to distinguish claimants, and dropping it can split your file across two e-JCC profiles.

Field 4: Claimant Mailing Address

This field asks for the address where the worker can receive legal mail.

To answer it, list the street, apartment number, city, state, and ZIP code. P.O. boxes are allowed, but only if the claimant has no street address, because some carrier filings require physical service.

For example, Aisha Williams writes 4821 Beach Blvd Apt 7B, Jacksonville, FL 32207.

The nuance is homeless or transitional claimants; the OJCC accepts a shelter address or the address of a relative who agrees to accept service, but the claimant must update the address within 7 days of any move under Rule 60Q-6.103.

A common mistake is using the employer’s address, which violates service rules and may waive the carrier’s deadline to respond.

A misconception is that out-of-state claimants must use a Florida address; Florida workers’ comp follows the worker, so an out-of-state recovery address is fully acceptable.

Field 5: Claimant Phone Number and Email

This field asks for a working phone and email so the OJCC and carrier can reach the worker.

To answer it, list a phone number in (XXX) XXX-XXXX format and an email the worker checks at least weekly. Mediation notices, hearing notices, and orders all go to this email.

For example, Carlos Rivera writes (305) 555-0148 and carlos.rivera@email.com.

The edge case is claimants who share a phone with an employer or use an employer-issued email; never list those, because the petition is adverse to the employer and notices could be intercepted.

A common mistake is leaving the email blank when a claimant has no email; e-JCC requires an email, so create a free Gmail or Yahoo account before filing.

A misconception is that voicemail messages from the carrier count as legal notice; only emails or certified mail to the addresses listed in this field qualify.

Field 6: Date of Accident

This field asks for the date the on-the-job injury occurred.

To answer it, write the date in MM/DD/YYYY format, exactly as it appears on the DWC-1 First Report of Injury. For repetitive trauma or occupational disease claims, use the date the worker first knew, or should have known, the condition was work-related, per § 440.151.

For example, Maria Lopez, who slipped on a wet floor on March 14, 2024, writes 03/14/2024.

The edge case is multiple accidents; each accident is its own petition and its own case number, even if both injuries are to the same body part.

A common mistake is using the date the worker reported the injury rather than the date it happened; this triggers an inconsistency objection from the carrier.

A misconception is that the date of accident can be approximate; the date controls the statute of limitations, the AWW calculation, and the applicable version of Chapter 440, so it must be exact.

Field 7: Employer Name and Address

This field asks for the legal business name and address of the employer at the time of injury.

To answer it, copy the employer’s name and address from the DWC-1, including any DBA or Inc. designation. Do not abbreviate.

For example, Janet Brooks writes Sunshine Hospitality Group, Inc., 1500 Bayshore Blvd, Tampa, FL 33606.

The edge case is staffing-agency placements; both the staffing agency and the host employer are listed, because joint-employer liability under § 440.10 can affect coverage.

A common mistake is naming a parent company instead of the actual employing entity, which gives the wrong carrier the chance to deny coverage.

A misconception is that out-of-business employers cannot be sued; they can, and the carrier remains responsible regardless of the employer’s status.

Field 8: Carrier/Servicing Agent Name and Address

This field asks for the workers’ compensation insurance carrier or self-insured servicing agent.

To answer it, list the carrier’s legal name, the claims office address, and the adjuster’s name if known. Pull this from the DWC-1 or the Florida Division of Workers’ Compensation Coverage Search.

For example, Marcus Daniels writes Travelers Indemnity Company, c/o Adjuster Linda Pham, P.O. Box 660317, Dallas, TX 75266.

The edge case is uninsured employers; if no carrier exists, name the Florida Workers’ Compensation Joint Underwriting Association or pursue the employer directly under § 440.10.

A common mistake is naming the broker instead of the carrier, which delays service by weeks because brokers do not adjust claims.

A misconception is that the employer pays benefits directly; in Florida, the carrier pays unless the employer is properly self-insured under § 440.38.

Field 9: Carrier Claim Number

This field asks for the claim number the carrier has assigned to the file.

To answer it, copy the claim number exactly from any letter, EOB, or check stub from the carrier. Formats vary by carrier, such as ABC-2024-019283.

For example, Aisha Williams writes GAB-FL-2024-771204.

The edge case is multiple claim numbers issued by the same carrier for one accident; pick the most recent and note the prior numbers in the Other field.

A common mistake is leaving this blank when the carrier has issued a number, which forces the carrier to manually match the petition to its file and slows the 14-day response clock.

A misconception is that the claim number is confidential; it is not, and including it actually speeds processing.

Field 10: Specific Benefits Being Claimed

This is the heart of the petition. The field asks for each specific benefit the claimant wants the judge to order.

To answer it, list each benefit on its own line, citing the statute, the dates of service, the dollar amounts (if known), and the doctor or vendor involved. Vague phrases like all benefits owed are grounds for dismissal under Saulic v. Claims Center and similar OJCC rulings.

For example, Carlos Rivera writes: Temporary Total Disability benefits from 04/02/2024 to present, pursuant to § 440.15(2), Florida Statutes; authorization of orthopedic evaluation with Dr. Steven Kim, pursuant to § 440.13(2)(a); reimbursement of $187.42 in mileage from 04/05/2024 through 05/30/2024.

The edge case is impairment benefits; you must wait for a maximum medical improvement (MMI) date and a permanent impairment rating (PIR) before claiming them, or the petition will be dismissed as premature.

A common mistake is bundling unrelated benefits in a single line, which makes it impossible for the carrier to admit or deny each one and gives grounds for a motion for more definite statement.

A misconception is that listing more benefits is always better; over-pleading every conceivable benefit triggers carrier objections, sanctions risk under § 440.32, and longer mediations.

Field 11: Date Each Benefit Was Requested from the Carrier

This field asks when the claimant first asked the carrier for each benefit listed in Field 10.

To answer it, write the date of the request in MM/DD/YYYY format next to each benefit. The date must be at least 14 days before the petition is filed, because § 440.192(4) requires a good-faith effort and a 14-day waiting period.

For example, Maria Lopez writes Requested 02/10/2024 by phone to Adjuster Linda Pham; petition filed 02/27/2024.

The edge case is emergency medical care; the 14-day rule does not apply when the claimant needs immediate authorization to prevent serious harm.

A common mistake is writing unknown in this field, which is the single fastest way to get a petition dismissed for failure to plead good-faith effort.

A misconception is that an attorney’s letter to the carrier always satisfies the rule; the rule requires substantive contact, not a form letter.

Field 12: Good-Faith Effort Statement

This field asks the claimant or attorney to certify that good-faith efforts to resolve the dispute were made.

To answer it, write a short narrative naming the adjuster, the date of contact, the method of contact, and the carrier’s response. Two to four sentences is enough.

For example, Janet Brooks writes On 06/01/2024, undersigned counsel called Adjuster Pham at (800) 555-0190 and left a detailed voicemail requesting authorization for the orthopedic referral. A follow-up email was sent 06/03/2024. No response was received by 06/15/2024.

The edge case is unrepresented claimants who could not reach the adjuster; document every attempt, including dates and times, even if no one answered.

A common mistake is copying boilerplate language from a prior petition, which carriers and judges spot instantly and which can result in sanctions under Rule 60Q-6.125.

A misconception is that filing the petition itself counts as good-faith effort; it does not, and the rule requires pre-filing contact.

Field 13: Attorney Information (if represented)

This field asks for the claimant’s attorney’s name, Florida Bar number, address, phone, and email.

To answer it, list each item exactly as it appears on the Florida Bar member directory. Pro se filers leave this blank.

For example, Attorney David Greene, Florida Bar No. 0987654, 200 SE 1st Ave, Miami, FL 33131, (305) 555-0199, dgreene@example.com.

The edge case is multi-attorney representation; only the lead attorney signs, but co-counsel can be listed in a notice of appearance filed separately.

A common mistake is listing a paralegal as the attorney, which the OJCC strikes immediately and which can trigger an unauthorized-practice-of-law referral.

A misconception is that any Florida-licensed attorney can sign; the attorney must also be in good standing and registered with the e-JCC system.

Field 14: Signature and Date

This field is the verification under penalty of perjury.

To answer it, sign electronically through e-JCC using your verified credentials, or sign in blue ink on a paper petition. The date must be the actual date of signing in MM/DD/YYYY format.

For example, Marcus T. Daniels Jr. signs 03/05/2024 on the e-JCC signature line.

The edge case is petitions filed by a guardian or personal representative; attach the letters of guardianship or estate authority, because the signer’s authority must be documented.

A common mistake is back-dating the signature to match the date of accident or the date of denial; the petition’s signature date must equal the actual date of submission.

A misconception is that an unsigned petition can be cured later; under Rule 60Q-6.107, the OJCC may strike an unsigned petition outright.

Three Filled-Out Examples Using Real Scenarios

Below are three full walkthroughs of named Florida workers filing a Petition for Benefits. Each scenario follows the worker through the entire form and shows the exact entries that would appear on the printed P-5.0280 PDF.

Scenario 1: Maria Lopez, Hotel Housekeeper with a Slip-and-Fall

Maria slipped on a wet hallway floor in Orlando on March 14, 2024, hurt her lower back, and the carrier denied her request for an MRI. She files a petition seeking the MRI and Temporary Partial Disability benefits.

Form Section What Maria Enters
OJCC Case Number 24-009881
Judge Assigned Judge Wilbur W. Anderson
Claimant Name Maria Elena Lopez
Claimant Address 881 Vine St, Orlando, FL 32803
Date of Accident 03/14/2024
Employer Magic Stay Hotels LLC
Carrier Zenith Insurance Company
Benefits Claimed MRI of lumbar spine per § 440.13(2)(a); TPD from 04/01/2024 to present per § 440.15(4)
Good-Faith Effort Called Adjuster R. Patel on 04/02/2024 and 04/10/2024; emailed 04/12/2024; no authorization received.
Signature/Date Maria E. Lopez, 04/22/2024

Scenario 2: Carlos Rivera, Construction Laborer with a Fall from Scaffolding

Carlos fell from scaffolding in Miami on April 2, 2024, fractured his right wrist, and the carrier authorized treatment but stopped paying TTD checks after four weeks. He files for back-due TTD and ongoing TTD.

Form Section What Carlos Enters
OJCC Case Number Blank — first petition
Judge Assigned Blank — to be assigned
Claimant Name Carlos Antonio Rivera
Claimant Address 2210 NW 7th St, Miami, FL 33125
Date of Accident 04/02/2024
Employer Coastline Builders, Inc.
Carrier Travelers Indemnity Company
Benefits Claimed TTD from 05/01/2024 to present per § 440.15(2); penalties and interest per § 440.20
Good-Faith Effort Spoke with Adjuster L. Pham 05/03/2024; she said checks were on hold pending records review; emailed records 05/05/2024; no resumption of benefits.
Signature/Date Carlos A. Rivera, 05/20/2024

Scenario 3: Janet Brooks, Tampa Restaurant Manager with a Repetitive-Trauma Claim

Janet developed bilateral carpal tunnel syndrome from years of cash-register work and inventory lifting. The carrier denied the claim as not work-related. She files for compensability and authorization of an orthopedic evaluation.

Form Section What Janet Enters
OJCC Case Number Blank — first petition
Judge Assigned Blank — to be assigned
Claimant Name Janet Marie Brooks
Claimant Address 1500 Bayshore Blvd Apt 410, Tampa, FL 33606
Date of Accident 01/15/2024 (date of knowledge per § 440.151)
Employer Sunshine Hospitality Group, Inc.
Carrier AmTrust North America
Benefits Claimed Compensability of bilateral CTS; orthopedic evaluation with Dr. S. Kim per § 440.13(2)(a); TPD per § 440.15(4)
Good-Faith Effort Counsel emailed Adjuster K. Owens 02/01/2024 and 02/15/2024; carrier denied compensability 02/20/2024.
Signature/Date Attorney David Greene for Janet Brooks, 03/05/2024

How to File the Completed Form

The OJCC accepts Petitions for Benefits through three channels, but e-filing is by far the dominant route. Each channel has its own steps, fees, and proof-of-filing rules.

E-JCC online portal. The portal lives at jcc.state.fl.us/jcc and is free to use. There is no filing fee for a Petition for Benefits in Florida, because the workers’ compensation system is no-cost to claimants under § 440.105. After submission, the system emails a confirmation with a date-time stamp; save this email and the on-screen confirmation page as proof of filing. Processing of the petition itself is automatic, and the carrier’s 14-day response clock starts on the e-JCC submission timestamp.

Mail filing. Pro se filers may mail a paper petition to the OJCC clerk at 1700 Mahan Drive, Tallahassee, FL 32308. There is no filing fee, but you must enclose certificates of service showing certified-mail delivery to the carrier and employer. Allow 5–7 business days for the clerk to docket the petition, and request a date-stamped copy by enclosing a self-addressed stamped envelope.

In-person filing. The OJCC clerk’s office accepts walk-in petitions at the same Tallahassee address during normal business hours. Bring two copies, ask the clerk to date-stamp both, and keep one as your proof of filing. There is still no fee, and you remain responsible for serving the carrier and employer that same day.

Aisha used the e-JCC portal from a Jacksonville public library, downloaded the PDF confirmation to a USB drive, and emailed it to herself for backup. That belt-and-suspenders approach is the gold standard for proof of filing.

What Happens After You File

Once the petition hits e-JCC, the OJCC clerk assigns a case number (if needed) and routes the file to a Judge of Compensation Claims based on the accident’s county under Rule 60Q-6.103. Within 14 days, the carrier must either pay the requested benefits, file a response admitting or denying each claim, or move to dismiss for technical defects. A carrier that ignores the deadline can be sanctioned and may even face a default award.

Mediation is automatic and must occur within 130 days of filing, per § 440.25(1). The OJCC mediator is a state employee, the session lasts up to two hours, and most cases settle or narrow significantly here. If mediation fails, the case proceeds to a Pretrial Hearing and then a Final Hearing, all conducted by the assigned judge.

After the Final Hearing, the judge issues an order within 30 days. Either side can appeal to the First District Court of Appeal within 30 days of the order. Carriers that lose may also owe attorney’s fees under § 440.34, which can dwarf the underlying benefit amount and is one of the strongest tools in a claimant’s belt.

Mistakes to Avoid When Filling Out the Form

Even experienced lawyers slip on these. Each one is a distinct, costly error.

  • Vague benefit descriptions like all medical benefits — the petition is dismissed for failure to plead with specificity.
  • Wrong date of accident — the carrier moves to dismiss for inconsistency with the DWC-1.
  • Skipping the good-faith effort statement — the petition is dismissed under § 440.192(4) and the 14-day clock restarts.
  • Filing under the wrong case number — the petition lands in the wrong judge’s queue and may sit for weeks.
  • Naming the broker instead of the carrier — service is invalid and the carrier’s response clock never starts.
  • Listing a P.O. box when a street address exists — physical-service requirements may not be met.
  • Forgetting to list the adjuster’s contact — the good-faith effort field is treated as incomplete.
  • Bundling unrelated benefits in one line — the carrier moves for a more definite statement.
  • Using a nickname instead of legal name — identity match fails and carrier disputes service.
  • Pleading impairment benefits before MMI — the petition is dismissed as premature.
  • Backdating the signature — the petition can be struck for verification defects.
  • Filing without attaching the denial letter or DWC-12 reference — the carrier argues no actual dispute exists.

Do’s and Don’ts

These are the habits that separate clean petitions from messy ones.

  • Do pull the form fresh from the OJCC forms page every time, because revisions happen quietly.
  • Do cite the statute next to every benefit, because judges read the petition before the response.
  • Do keep a written log of every adjuster contact, because the good-faith effort field needs facts, not adjectives.
  • Do save both the e-JCC confirmation email and the on-screen receipt, because portal outages do happen.
  • Do confirm the carrier of record on the Coverage Search before filing, because employers switch carriers often.
  • Do update your address within 7 days of any move, because missed mediation notices can dismiss your case.

  • Don’t copy-paste boilerplate good-faith language, because judges flag it and carriers exploit it.

  • Don’t plead benefits that are not yet ripe, such as impairment benefits before MMI, because premature claims invite sanctions.
  • Don’t name the employer’s HR rep as the carrier, because service must go to the insurer.
  • Don’t rely on a paper copy of the form found online, because outdated revisions exist on third-party sites.
  • Don’t forget to serve the employer and the carrier on the same day you file, because service defects can void the petition.
  • Don’t submit without proofreading benefit dates, because a single wrong date can knock out an entire claim line.

Pros and Cons of Filing on Your Own vs. With a Lawyer

Florida workers’ comp law allows pro se filing, but most claimants do better with counsel. Attorney’s fees are paid by the carrier under § 440.34 when the claimant prevails on a wrongfully denied benefit, which means representation often costs the worker nothing.

Pros of filing pro se:

  • No need to wait for an attorney to take the case, which speeds urgent medical requests.
  • Full control over what is pleaded and how it is described.
  • No fee dispute risk, because no attorney is in the picture.
  • Direct communication with the adjuster, which can build a working rapport.
  • Mediation is informal and pro se friendly, which gives unrepresented workers a fair shot.

Cons of filing pro se:

  • High risk of pleading defects under § 440.192, which dismisses petitions.
  • No leverage on attorney’s-fee shifting, because that fee tool requires an attorney of record.
  • Difficulty calculating AWW correctly, which can cost thousands in indemnity.
  • Carriers’ lawyers are experienced and will exploit procedural errors.
  • Appeals to the First DCA are extremely difficult without a lawyer.

FAQs

Do I need a lawyer to file Form P-5.0280?

No. Florida law allows pro se filing, but workers represented by attorneys win benefits more often, and carrier-paid fees under § 440.34 mean representation usually costs the worker nothing.

Is there a filing fee for the Petition for Benefits?

No. The OJCC charges no filing fee, no service fee, and no per-page fee, because Chapter 440 is a no-cost system for injured workers.

Can I file Form P-5.0280 on paper?

Yes. Pro se claimants may mail or hand-deliver a paper petition to 1700 Mahan Drive, Tallahassee, but attorneys must e-file under Rule 60Q-6.108.

Do I have to wait 14 days before filing after asking the carrier for a benefit?

Yes. Section 440.192(4) requires a 14-day good-faith waiting period after the request, except for emergencies that need immediate medical authorization.

What should I write in the OJCC Case Number box if this is my first petition?

No. Do not write anything; leave it blank, because e-JCC will auto-generate a new case number when the petition is submitted.

Can I list more than one accident on a single petition?

No. Each accident gets its own case number and its own petition, even if both injuries involve the same body part or the same employer.

Do I write my legal name or the name on my paycheck in Field 3?

Yes. Use your full legal name as it appears on a government ID, because the OJCC matches identity, not payroll, when docketing the case.

Can I claim impairment benefits before MMI in Field 10?

No. Impairment benefits are not ripe until the authorized doctor places you at MMI and assigns a permanent impairment rating under § 440.15(3).

Should I list the broker or the carrier in Field 8?

No. Always list the carrier or self-insured servicing agent, because brokers do not adjust claims and naming them invalidates service.

Can I amend the petition if I make a mistake?

Yes. You may file an amended petition through e-JCC, but the carrier’s 14-day response clock generally restarts on the amended pleading.

Does filing the petition stop the statute of limitations?

Yes. A properly filed petition tolls the two-year statute of limitations under § 440.19, but a dismissed petition may not, so file carefully.

Can the carrier ignore the petition?

No. The carrier must respond within 14 days or face sanctions, default findings, and attorney-fee exposure under § 440.34.

What if the adjuster never returned my call before I filed?

Yes. Document every attempt with dates, times, and methods, and write that narrative directly into Field 12, because effort counts even without a response.

Can my spouse sign the petition for me if I am hospitalized?

No. Only the claimant, an attorney of record, or a court-appointed guardian or personal representative may sign; spouses without legal authority cannot.

How long until I get a hearing after I file?

Yes. Mediation occurs within 130 days, a Pretrial follows within roughly 60 days after that, and a Final Hearing typically occurs within 210 days of filing.