My Employer Said They Do Not Have Workers’ Compensation Coverage: Now What?

Getting hurt at work because of somebody’s negligence is devastating under any circumstances. To be sure, realizing that your injury occurred because your employer or a co-worker made a mistake can be both overwhelming and demoralizing. The good news for most workers who get hurt on the job due to another party’s workplace negligence is that the Florida workers’ compensation system can help. Indeed, for most injured workers who sustain injuries in the course of doing their jobs, workers’ compensation benefits can pay for medical care, can compensate for lost wages, and can compensate for temporary and permanent disabilities.

But what happens when an injured worker follows proper protocol under Florida law and reports a workplace injury to their employer, only to be told that the employer does not have workers’ compensation coverage? In such a scenario, you should seek help from a South Florida workers’ compensation lawyer as quickly as possible. In the meantime, we want to tell you more about how this type of scenario works.

Most Employers Are Required to Have Coverage Under Florida Law 

First and most importantly, there is a good chance that your employer is required to have workers’ compensation coverage. According to the Florida Division of Workers’ Compensation, employers who conduct work in Florida “are required to provide workers’ compensation insurance for their employees,” although “specific employer coverage requirements are based on the type of industry, number of employees, and entity organization.”

Is your employer required to have coverage? Employers in the construction industry who employ one or more employees must have coverage (this is nearly all construction employers). Outside of the construction industry, most employers with four or more employees are required to have workers’ compensation coverage. The only notable exception is for employers in the agricultural industry, who are only required to have workers’ compensation coverage if they employ six or more regular employees, and/or twelve or more seasonal workers for more than 30 days during a season.

There are also some limited circumstances in which an employer can file for an exemption, but such exemptions are typically only to allow an employer who is an officer of a corporation or a member of an LLC to be permitted to exclude themselves from required workers’ compensation coverage.

You Have Options if Your Employer is Required to Have Coverage 

If you got hurt at work and reported your injury only to learn that your employer does not have coverage, the first step is to begin working with an attorney who can determine if you employer truly is not covered. If your employer is required to have coverage but does not have it, you may be able to file a personal injury lawsuit against your employer in order to get the compensation you need and deserve.

Contact Our Fort Lauderdale Workers’ Compensation Lawyers 

If you were injured on the job and need help seeking workers’ compensation benefits, even if your employer may not have coverage, our firm can help. One of our experienced Fort Lauderdale workers’ compensation attorneys can speak with you today about your options. Contact the Law Offices of David M. Benenfeld, P.A. to learn more.

Resource:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0440/0440.html