That constant, burning ache in your shoulder when you lift, the sharp pain in your knee when you kneel, or the throb in your elbow that never seems to go away—it didn't start with a single accident. You may have tried to ignore the slow, nagging build-up, but now the pain is real and affecting your work. You are not just "sore," and you are not imagining it; you are injured, and you have rights.
This situation is the common experience for workers who develop bursitis, an inflammation of the small, fluid-filled sacs (called bursae) that cushion your bones, tendons, and muscles. When these sacs get irritated from too much pressure or repetitive motion, they become painful, swollen, and stiff.
When your job is the source of this inflammation, it's known as occupational bursitis. The natural next question is: Can I get workers' compensation for this? The answer in Florida is yes, you absolutely can. However, it is not a simple or guaranteed process.
Unlike a traumatic injury like a broken bone from a fall, bursitis is a "gradual onset" condition. Insurance companies are often more skeptical of these claims. They will look for any other reason—your age, your hobbies, a pre-existing condition—to deny your claim.
To get the benefits you deserve, you must show a clear and direct link between your specific job duties and the medical condition. This article explains how the system works, the challenges you will face, and the steps you need to take.
What Is Occupational Bursitis, and How Does It Relate to Work?
Your body has more than 150 bursae. They act as a low-friction-gliding surface, allowing your muscles and tendons to move smoothly over bones. Think of them as tiny, biological ball bearings.
Bursitis is simply the inflammation of one of these sacs. Occupational bursitis is when this inflammation is caused not by a single injury, but by cumulative micro-trauma over time. It’s the result of your work duties.
This condition is most common in the joints used for repetitive tasks:
- Shoulder (Subacromial Bursitis): Often seen in painters, construction workers, stockers, and electricians who must frequently work with their arms overhead.
- Elbow (Olecranon Bursitis): Common in workers who must lean on their elbows for long periods, like desk-based office workers or mechanics. It's also seen in those who do repetitive twisting motions.
- Knee (Prepatellar Bursitis): Known as "housemaid's knee" or "carpet layer's knee." This directly results from prolonged kneeling. It affects roofers, plumbers, tile setters, and gardeners.
- Hip (Trochanteric Bursitis): Can affect long-haul drivers or machine operators who sit in a fixed, vibrating position for hours. It can also come from repetitive climbing of stairs or ladders.
The key is that the condition is not random; it is a direct physical response to the demands of your job.
The Legal Standard: Florida Workers' Comp Eligibility for Bursitis
To have a valid workers' compensation claim in Florida, you must prove two things. Your injury must:
- Arise out of employment.
- Occur in the course of employment.
"In the course of" is the easier part. This implies that the activity that caused the injury occurred while you were on the clock, carrying out your job responsibilities.
"Arising out of" is the real battleground for a bursitis claim in FL. This means your job is the reason for the injury. For a repetitive-use injury like bursitis, Florida's laws set a very high bar.
You must prove that your work was the Major Contributing Cause (MCC) of the injury and your need for medical treatment.
What "Major Contributing Cause" (MCC) Means
Florida law states that the "major contributing cause" is the one that is more than 50% responsible for the injury, compared to all other causes.
This stage is where insurers will fight your claim. They will argue your bursitis was caused by:
- A pre-existing condition (like arthritis).
- A hobby or activity outside of work (like playing tennis or gardening).
- The natural aging process.
If an insurance company can successfully argue that your job was only 49% responsible—and your age or a pre-existing issue was 51% responsible—they can legally deny your claim. For you to win, your doctor must state, with a reasonable degree of medical certainty, that your specific, repetitive work duties are the primary reason you are in pain.
Proving Your Case: The Challenge of a Florida Repetitive Motion Injury Claim
Because there is no accident report or single event, the evidence for a repetitive stress injury Florida claim is built differently. It relies on connecting three specific dots.
1. A Clear Medical Diagnosis
Your first step is getting a formal diagnosis from a qualified physician. This will likely involve a physical exam and imaging tests like an X-ray or MRI to rule out other issues. But a diagnosis alone is not enough.
2. The Doctor's Medical Opinion
This statement of fact is the most important piece of evidence in your bursitis injury workers' comp Florida case. You need a medical opinion that explicitly links your diagnosis to your job duties. The doctor must be able to review a list of your daily tasks and conclude that "the repetitive overhead lifting" or "the constant kneeling on hard surfaces" was the main cause of your inflammation.
This is why seeing the right doctor is so important. Under Florida's system, the insurance carrier gets to choose the doctor you see for your initial treatment. This physician is called the "authorized treating physician." Their opinion carries significant weight. If that doctor is not convinced your job is the cause, your claim is in serious jeopardy.
3. Detailed Documentation of Your Job
You cannot just say, "I work in construction." You need to be specific. The best evidence is a detailed account of your physical actions, including:
- The specific motion (e.g., lifting arms above shoulder height, gripping a tool, twisting, kneeling).
- The frequency of the motion (e.g., "I do this 400 times per shift").
- The duration of the motion (e.g., "I am on my knees for 4-5 hours per day").
- The force or weight involved (e.g., "I lift 50-pound boxes overhead").
Witness testimony from co-workers or a supervisor can also be used to confirm the repetitive and demanding nature of your job.
The Process: Filing a Florida Workers' Comp Claim for Bursitis
Knowing your work-related injury rights is essential. If you believe your job is causing you pain, you must follow these steps precisely.
Step 1: Report Your Injury
You must report your injury to your employer (a supervisor, manager, or HR department) in writing. In Florida, you have 30 days to do this.
For a repetitive injury like bursitis, the 30-day clock starts from the date you knew, or should have known, that your condition was related to your job. This "date of knowledge" can be a specific day your doctor diagnosed you and told you it was work-related. Do not wait. The longer you wait to report the pain, the more ammunition you give the insurance company to argue it isn't serious or related to work.
Step 2: See the Authorized Doctor
Once you report the injury, your employer must report it to their insurance carrier. The carrier will then provide you with a list of authorized doctors. You must seek treatment with one of these approved physicians. If you go to your primary care doctor for treatment, the insurance company will not have to pay for it, and your claim will likely be denied.
Step 3: File the "Petition for Benefits."
If the insurance carrier denies your claim—or if they accept it but refuse to provide the treatment your doctor recommends (like physical therapy or an MRI)—your only remaining option is to file a formal Petition for Benefits with the state. This is the official start of a legal dispute and is not something you should attempt to do without the guidance of a workers’ comp lawyer in FL.
Florida Workers’ Comp Benefits Available for Bursitis Claims
If your workplace injury claim in Florida is approved, you are entitled to specific benefits under the law.
1. 100% of Medical Care
This is the most important benefit. The insurance carrier must pay for 100% of all reasonable, necessary, and authorized medical care needed to treat your bursitis. This includes:
- Doctor and specialist visits.
- Physical therapy.
- Prescription medications.
- Corticosteroid injections to reduce inflammation.
- Assistive devices (like a knee pad or elbow brace).
- Diagnostic testing (MRIs, X-rays, etc.).
- In rare, severe cases, surgery (such as a bursectomy to remove the inflamed sac).
You should never have a co-pay or bill for authorized medical treatment.
2. Lost Wage (Indemnity) Benefits
If your bursitis is so severe that the authorized doctor says you cannot work, you are entitled to lost wage benefits.
- Temporary Total Disability (TTD): If you are totally unable to work for more than 7 days, you will receive TTD benefits. This is a check for 66 2/3% of your average weekly wage, paid biweekly.
- Temporary Partial Disability (TPD): If your doctor says you can return to work with restrictions (e.g., "no overhead lifting" or "no kneeling"), but you make less money as a result, TPD benefits can make up a portion of the difference.
- Impairment Benefits: If, after you have reached "Maximum Medical Improvement" (MMI), the doctor determines you have a permanent impairment from your bursitis, you will be assigned an impairment rating. This rating entitles you to a one-time benefit, even if you can return to work.
Securing Maximum Benefits With a Florida Work Injury Attorney for Repetitive Stress Cases
You can file the initial claim yourself. But you shouldn't.
Insurance companies have teams of lawyers and adjusters whose job is to minimize claim payouts. They know that bursitis workers' comp coverage Florida claims are easy to fight because of the MCC standard.
They will try to find a pre-existing condition in your old medical records. They will send you to a doctor who is known to be skeptical of repetitive injuries. They will deny your physical therapy and hope you just give up and go back to work in pain.
A workers' compensation lawyer in Florida ensures equal treatment for all parties involved. While a personal injury lawyer handles lawsuits for things like car accidents, a dedicated attorney for Florida work injuries focuses specifically on the complex administrative rules of the workers' comp system.
An experienced attorney will:
- Ensure your claim is filed correctly and on time.
- Gather the necessary medical evidence and job-duty documentation.
- Challenge a doctor's opinion if it is not accurate.
- Take depositions from medical and vocational experts.
- Fight the insurance company's "MCC" denial at a hearing.
- Negotiate a Florida workers' compensation settlement, if that is in your best interest.
Need Legal Help? Brandon J. Broderick, Attorney at Law, is One Phone Call Away
At Brandon J. Broderick, Attorney at Law, our mission is to stand up for injured workers and ensure they secure the full medical treatment and wage benefits they are rightfully entitled to under Florida law. We understand the high legal standard for repetitive motion injuries like bursitis, which requires demonstrating that your employment was the major contributing cause of the condition. Our legal team is highly experienced in these types of claims. We know how to:
Do Not Let a Denial Discourage You
An insurance denial is often just the start of the fight, not the end of your claim. Insurers typically initially deny many valid workers' compensation claims as a cost-saving measure.
Contact us today for a free consultation with our dedicated and experienced legal team; it is the critical first step you need to take. During this consultation, we will review the specific facts of your case, clearly explain your legal rights under Florida workers' compensation law, and outline the best path forward to secure the compensation you deserve. We are available day or night to assist you.