Misclassification Denies Workers Benefits
One of the most important benefits granted to employees in Florida is the right to collect workers’ compensation benefits if they are injured on the job. While they must sacrifice their ability to file suit against their employer (in most cases) in order to receive those benefits, they can still be a life-saver for an employee and their family. However, unscrupulous employers will sometimes misclassify an employee in order to save on their workers’ compensation coverage.
Employees Have Additional Rights
Most workers in Florida businesses are either employees or independent contractors. Neither employers nor employees can simply ‘decide’ a worker’s classification, though; that issue must be made clear when the job is offered, and both employer and potential employee must agree on future status before moving forward. While some people might think the distinction is merely semantic, an employee has rights under both state and federal law that an independent contractor does not.
In addition to the ability to receive workers’ compensation benefits, an employee is covered under the federal Equal Employment Opportunity Commission (EEOC), meaning that if they experience discrimination, they may file a complaint with the Commission. Independent contractors are not covered – nor can they collect unemployment benefits when they are let go, while employees may do so.
Watch Out For Retaliation
If you are an employee and you suspect that you have been misclassified so you can be denied workers’ compensation benefits, you have options that can get you the benefits you deserve. The first step after trying to discuss things with your employer is to file a complaint with the Florida Department of Economic Opportunity (FDEO) or the federal Department of Labor. If this is unsuccessful, further legal filings may be necessary, including possibly contacting the Internal Revenue Service (IRS).
If it is successful, your employer will pay fines and is required to pay you any missing wages and facilitate any benefits (including workers’ compensation benefits). That said, it is important to keep an eye out for potentially retaliatory behavior – if an employer is unscrupulous enough to try and misclassify workers, they may be unscrupulous enough to retaliate over having to pay workers’ compensation, even though Florida law explicitly forbids it.
Contact An Orlando Workers’ Compensation Attorney
Being injured at work is never something to celebrate, but workers’ compensation benefits can ease your recovery; if you are unfairly denied those benefits, it can cause even more trouble and stress. An Orlando workers’ compensation attorney from the Hornsby Law Group can help – contact us today to schedule a consultation.
Source:
eeoc.gov/employers/coverage-0
