Am I Even Covered By Workers’ Compensation?
Most workers in Florida, if they are injured on the job, can immediately assume that they are covered by workers’ compensation insurance and start the process of receiving compensation. However, not every worker is automatically covered, given Florida’s particular laws. If you have been injured at work, it is always a good idea to make sure that you are covered before trying to file for benefits.
Most Workers Are Covered
Florida law requires the majority of employers – generally, anyone outside the construction or agriculture industries – to maintain workers’ compensation coverage if they have at least 4 employees. Employers in the agriculture industry must maintain coverage if they have at least 6 full-time employees, or at least 12 seasonal workers who work more than 30 days a season, but no more than 45 days per calendar year. In the construction industry, employers with only 1 worker must carry coverage, and every subcontractor must have workers’ compensation insurance for their employees.
Out-of-state employers whose workers are on the job in Florida must also carry workers’ compensation that complies with state law – usually this can be done by either obtaining a Florida policy or, in some cases, merely informing your insurer that you have employees working in Florida is enough to obtain coverage. The state’s public policy is to ensure that everyone who is entitled to be covered is actually covered, and can be in a position to have their bills paid if they are injured on the job.
Be On The Lookout For Unethical Behavior
There are some employers who are simply too small to require workers’ compensation coverage, but the large majority will have it. Sometimes, however, a business will try to cut a few corners by either going without workers’ compensation coverage, or engaging in fraud to try and lighten the burden of paying for workers’ compensation coverage. If this happens to you, the state of Florida has a hotline you can call to report non-compliance, and depending on the specifics of your situation, you may be able to file suit against your employer in court to get your bills paid.
For example, one of the most common ways that an unethical employer will do this is by intentionally misclassifying their employees as independent contractors. Independent contractors are entitled to fewer benefits – including being excluded from workers’ compensation coverage in most situations. However, intentionally misclassifying a worker is a felony in Florida – you have the right to hold your employer accountable if they are trying to deny you what you are rightfully owed.
Call An Orlando Workers’ Compensation Attorney
If you have been injured at work, the overwhelming majority of employers will have the workers’ compensation coverage to ensure your medical bills get paid. However, it is important to be able to spot anything out of the ordinary before you make your claim. The Orlando workers’ compensation attorneys at the Hornsby Law Group are happy to try and help guide you through what can be a complex legal process. Contact our offices today to schedule a consultation.