Accident at work. Gavel, safety equipment, scales and stack of books on wooden table, selective focus
Workers’ Rights are under attack in Florida as insurance companies.
On February 25, 2026, Florida’s First District Court of Appeal ruled that physicians can no longer dispense medications directly to workers’ compensation patients. This decision invalidates prior rules that allowed physician dispensing.
Although injured workers still retain their “absolute choice” of pharmacy or pharmacist, the court determined that physicians do not qualify under Florida Statute § 440.13(3)(d), because they are not licensed pharmacists or pharmacies.
Physicians who support dispensing argue that it improves coordination of care and ensures injured workers receive medications quickly—both critical to recovery.
On the other hand, insurance carriers argue that physician-dispensed medications are more expensive than those provided through traditional pharmacies.
However, this argument leaves out a critical piece of the system: Pharmacy Benefit Managers (PBMs).
PBMs, often owned by large insurance companies, play a central role in determining where and how injured workers receive their medications.
Critics argue that PBMs:
Steer patients into their own pharmacy networks
Profit from “spread pricing” (charging employers more than they pay pharmacies)
Use opaque rebate systems that lack transparency
Create restrictive formularies that favor higher-cost drugs
As a result, the price an employer pays for a medication is often significantly higher than what the pharmacy actually receives.
Notably, PBMs have faced growing scrutiny nationwide. More than 30 state attorneys general have taken action against PBMs, citing anti-competitive practices.
Even the Federal Trade Commission has raised concerns that PBMs may be contributing to rising drug costs—not lowering them.
Meanwhile, industry consolidation continues. The top three PBMs control the majority of the market, generating hundreds of billions in annual revenue. At the same time, over 26,000 independent pharmacies have closed in the past decade.
As a result of this ruling, injured workers will likely lose access to physician dispensing.
Instead, they will be directed to PBM-controlled pharmacy networks selected by the insurance carrier.
This creates several risks:
Limited pharmacy choice in practice
Delays caused by pre-authorization requirements
Restricted access to medications during claim disputes
Importantly, more than 50% of workers’ compensation claims are contested nationwide. During these disputes, PBM-affiliated pharmacies often will not dispense medications.
Consequently, injured workers may be forced to:
Pay out of pocket
Delay treatment
Or go without necessary medications altogether
This shift raises a fundamental question: What happens when the same entity controlling costs also controls care?
Insurance carriers are incentivized to reduce expenses. In practice, this can lead to delays, denials, or restrictions on treatment.
In many states, a majority of workers’ compensation claims are disputed at some point. Meanwhile, studies consistently show that most fraud in the system originates from employer or insurer practices—not injured workers.
This imbalance highlights a growing concern: the power dynamic between insurers and injured workers is increasingly unequal.
Despite these challenges, some pharmacies continue to advocate for injured workers.
These pharmacies operate outside of PBM networks and focus on patient care rather than insurance-driven restrictions.
One example is RescueMeds, a national workers’ compensation pharmacy.
RescueMeds:
Dispenses medications without waiting for pre-authorization
Delivers prescriptions quickly—often next day
Supports patients even when claims are under dispute
If a claim is ultimately denied, RescueMeds absorbs the loss—ensuring the injured worker still receives care when it matters most.
This model reflects the original intent of workers’ compensation: to provide timely medical care and wage support to injured workers.
In today’s environment, access to care often depends on having the right partner.
RescueMeds supports:
Providers who need to prescribe necessary medications without delay
Attorneys who want to protect their clients’ recovery and outcomes
Patients who cannot afford to wait for approvals or navigate complex systems
RescueMeds is a licensed retail pharmacy in Florida and remains committed to ensuring injured workers receive the medications they need—without unnecessary barriers.
By: Colleen Shields, CEO/Founder RescueMeds, LLC
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