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Salaried Employees and Workers’ Compensation Coverage


Injuries can happen at any kind of workplace, and they can affect hourly wage employees as well as salaried employees. In general, salaried employees are eligible to receive workers’ compensation coverage under Florida law when they sustain an injury arising out of their employment, but that terminology can cause confusion since many salaried employees do not always work a regular 9 to 5 schedule. Even when injuries happen outside traditional work hours, or even outside the specific employee’s normal schedule, they can still be compensable in a wide range of circumstances. Our Fort Lauderdale workers’ compensation attorneys can explain.

What Does Arising Out Of and In the Course of Employment Mean? 

During a normal work schedule for a salaried employee, an injury that occurs at work is typically compensable through the workers’ compensation system because it is considered to arise out of and occur in the course of employment. But it is important to be clear that an injury can also arise out of and occur in the course of employment even if it occurs at an odd time. The key question is usually whether the injury happened while the employee was engaged in a task related to their employment (aside from traveling to or from work).

Injuries Sustained While Performing Work Duties Outside Normal Business Hours Can Be Compensable 

Many salaried employees who work regular 9 to 5 hours but are occasionally required to perform certain work-related tasks outside those hours can be eligible for benefits if an injury occurs in one of those outside-hours situations. To be clear, the injury must still arise out of and occur in the course of employment, but compensable injuries for salaried employees are not tied strictly to regular work hours. For example, if you must draft a memo late at night, or you must run a work-related errand for your employer after hours and an injury occurs, the injury could be compensable through the Florida workers’ compensation system.

Injuries On Business Trips Can Be Compensable 

Salaried employees are often required to take business trips, and travel frequently occurs outside business hours, as well. While an injury sustained while coming from or going to work on a normal workday is not compensable through the Florida workers’ compensation system, an injury sustained during business travel can be compensable. An attorney can help you to seek the benefits you need.

Contact a Fort Lauderdale Workers’ Compensation Attorney 

Do you have questions about whether your workplace injury is compensable? It is important to get in touch with one of the experienced Fort Lauderdale workers’ compensation lawyers at the Law Offices of David M. Benenfeld, P.A. to discuss your case with an advocate for injured workers. Our firm has years of experience representing injured employees in South Florida, and we can assess the circumstances of your work injury today and help you to seek compensation if your injury is compensable. Many work-related injuries are compensable, so you should not wait to contact an attorney who can help with your case.


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