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Minimum Wage Employees and Workers’ Compensation Coverage

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Any kind of injury at work can result in missed workdays, and when injuries are serious, they can be debilitating for extended periods of time or on a permanent basis. It is important for anyone who has been injured at work to know that they could be eligible for workers’ compensation benefits in Florida, which include medical coverage, wage replacement benefits (i.e., a portion of your lost wages due to your inability to work), and potential coverage for loss of use of part of your body when your disability is permanent. There are many misconceptions about workers’ compensation benefits, and some employees mistakenly assume that they are ineligible for benefits even though they meet the requirements set forth under Florida law.

If you were injured at work, the best way to know if you are eligible for workers’ compensation coverage is to get in touch with a South Florida workers’ compensation attorney who can assess your case. Employers might not be able to provide you with accurate information, and an employer might even mistakenly tell you that you are ineligible for coverage when, in fact, you are eligible for benefits. Our firm wants to provide more information to minimum wage employees about their eligibility for benefits.

Minimum Wage Employees Are Eligible for Workers’ Compensation Coverage 

First and most importantly, we want to be clear that minimum wage employees can be eligible for workers’ compensation coverage when they are injured on the job. It does not matter if you are paid an hourly wage, or if you are paid minimum wage. As long as other requirements for workers’ compensation are met, you can receive benefits. Florida’s minimum wage is currently $11.00 per hour, and it is scheduled to increase to $12.00 per hour on September 30, 2023.

Requirements for Workers’ Compensation Eligibility 

To ensure that you meet all requirements for workers’ compensation benefits as an employee who earns the minimum wage in South Florida, it is important to have an attorney look at the circumstances of your employment and injury. In the meantime, the following are some of the key eligibility requirements to note:

  • Your injury must have arisen out of and occurred in the course of your employment (in general, this means that your injury must have happened while you were on the clock or otherwise engaged in a work task);
  • You must report the injury to your employer within 30 days from the date that it happens; and
  • Your employer must be covered (meaning that your employer must be required by Florida law to have workers’ compensation insurance, which includes all construction employers with even a single employee, and most other employers with four or more employees).

Contact a Sunrise Workers’ Compensation Lawyer 

We want to emphasize that employees who are paid on an hourly basis, including minimum wage workers, can be eligible for workers’ compensation benefits. Even if you have heard opposing information, or if your employer has suggested that you cannot seek workers’ compensation benefits, our firm is here to help you. Do not hesitate to get in touch with the experienced Sunrise workers’ compensation attorneys at the Law Offices of David M. Benenfeld, P.A. to learn more about your eligibility for benefits.

Sources:

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

dol.gov/agencies/whd/minimum-wage/state

myfloridacfo.com/division/wc/employer/coverage-requirements#:~:text=Employers%20with%20one%20or%20more,must%20have%20workers’%20compensation%20coverage

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