Does my employer have to provide workers’ compensation?

On Behalf of | Dec 31, 2021 | Workers' Compensation |

Workers’ compensation is a benefit program that allows you protection if you suffer an injury at work. Under the program, you can get lost wage payments and medical care benefits.

Workers’ compensation is not a state program, but the state does manage the system. It is insurance that your employer purchases. Florida’s Chief Financial Officer explains the state does not require all employers to carry this insurance, so benefits may not be available to you, depending on your employer.

Specific industries

The state has different requirements for some industries. If you work in construction, if your employer has more than one employee, it must have workers’ compensation insurance.

If you work in agriculture, then your employer must have at least six regular employees or 12 seasonal employees to meet the requirement to have the insurance. A seasonal employer is someone who will work at least 31 days each year but not more than 45 days in a year.

Other industries

If you work in another industry that is not agriculture or construction, the general rule for employers is that they must carry workers’ compensation if they have at least four employees.

A note about employee classification

Some employers may try to skirt the requirement by labeling employees as independent contractors. You should always check your status to be sure your classification is correct.

Employers who the law requires to carry workers’ compensation insurance who do not become personally liable if you suffer an injury while on the job. The employer is also subject to fines and penalties from the state.

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