Can A Part-Time Worker File A Workers’ Comp Claim In Florida?
You work part-time in Fort Lauderdale and get hurt on the job. Worried that workers’ compensation is only for full-time employees? It is not. In Florida, part-time workers have the same right to file a claim as anyone else on the payroll.
Unfortunately, many part-time workers never file for workers’ compensation because they assume they are not covered. Our experienced Fort Lauderdale workers’ compensation lawyer explains the benefits to which part-time workers are entitled and how to ensure you get fair treatment.
South Florida Workers’ Compensation Benefits for Part-Time Workers
According to the Florida Division of Workers’ Compensation, workers’ compensation coverage in Florida depends on the number of employees a business has, not on whether those employees work full-time or part-time hours. Florida employers with four or more employees must generally carry workers’ compensation coverage, which extends to part-time workers.
Under Section 440.02 of the Florida Statutes, the definition of employee in Florida workers’ compensation law includes part-time workers. Benefits you may be entitled to when on-the-job injuries in Fort Lauderdale happen include:
- Medical benefits covering all necessary treatment through an authorized treating physician.
- Temporary disability benefits to make up for lost income, calculated based on actual average weekly earnings, including part-time wages.
- Permanent disability benefits help when an injury causes lasting impairments.
- Vocational rehabilitation is available if the injury prevents you from returning to the same type of work.
One important distinction for part-time workers: temporary disability benefits are determined based on actual average weekly earnings, which may be lower than those of a full-time employee. However, you are entitled to the same percentage of wage replacement under Florida law.
How Part-Time Workers in Fort Lauderdale Can Protect Their Rights To Workers’ Compensation Benefits
Part-time workers often feel pressured by employers who imply they are not covered or suggest that filing will cost them their jobs. Neither is acceptable under Florida law. Take these steps to protect your rights to Fort Lauderdale workers’ compensation benefits:
- Report your injury to your boss or supervisor right away, and put it in writing.
- Get immediate medical care from an authorized workers’ comp physician and let them know all your symptoms.
- Collect proof of your work hours and earnings, such as pay stubs and wage statements.
- Document pressure tactics designed to discourage you from filing for benefits, including texts, emails, and statements made in front of witnesses.
If a South Florida employer or their insurer attempts to deny your claim based on your part-time status, get professional legal help right away.
Part-Time Worker Injured on the Job? Consult Our Experienced Fort Lauderdale Workers’ Compensation Lawyer
If you were hurt while working part-time in Fort Lauderdale and told you are not covered, contact the Law Offices of David M. Benenfeld, P.A. Our experienced Fort Lauderdale workers’ compensation lawyer helps part-time workers understand their rights and fight for the benefits they are entitled to. For professional legal help, schedule a consultation at our Sunrise, Fort Lauderdale, or West Palm Beach office today.
Source:
myfloridacfo.com/division/wc/home