What If My Employer Does Not Have Workers’ Compensation Coverage?
If a Florida company has a certain number of employees and is in certain industries, they are required by state law to carry workers’ compensation coverage, to provide for those employees if they are injured on the job. If you are injured while on the clock, and you discover that for some reason, your employer does not have that required coverage, it may feel like you have no options in terms of getting your medical bills paid. In most situations, however, this is more likely to bring legal trouble for the employer, rather than the employee.
A Bargain Made
Employers in Florida and other U.S. states provide workers’ compensation coverage in exchange for a promise from employees not to file suit against them if they are hurt on the job. This is why workers’ compensation is referred to as an ‘exclusive remedy’ – except for in situations where an employee can prove actual malice or gross negligence on the part of their employer, an employee must go through the workers’ compensation system in order to get their medical care paid for and lost wages provided.
If the employer does not provide workers’ compensation coverage, however, there is nothing barring an employee from seeking damages for their injuries in court; no bargain exists to break. However, it is unsettlingly common for employers to tell their employees that they do not qualify for benefits, hoping that the employee will simply not pursue their claim. This is why an injured worker should consult an attorney as soon as possible after being hurt.
Verify, Then Pursue
If you have been injured at work, and been told your employer does not have workers’ compensation coverage or you do not qualify for coverage, it is important to verify that information with the relevant state authorities before moving ahead with any kind of lawsuit. In some cases, an employee has simply been misinformed and the error can be remedied; in other cases, the employer does lack coverage, and in others, the employer is not required to carry coverage (likely because it has too few employees).
Once your employer’s status is verified, you have the right to file a negligence lawsuit against them over your injuries if you cannot seek workers’ compensation benefits. One important distinction to be aware of between a workers’ compensation claim and a standard lawsuit is that in a standard lawsuit, you may seek not only tangible damages, but intangible – for example, for pain and suffering or loss of companionship. In a workers’ compensation case, one can recover only for lost wages and the costs of their medical care.
Contact An Orlando Workers’ Compensation Attorney
Being injured on the job can be a scary time, but knowing you can likely collect workers’ compensation can help you manage. If you suspect that you are being denied benefits due to a lack of employer coverage, an Orlando workers’ compensation attorney may be able to help. Contact the Hornsby Law Group today to schedule a consultation.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0440/Sections/0440.094.html
