You suffered an injury at work and learned your employer doesn’t carry workers’ compensation insurance. That realization can be both frustrating and overwhelming. However, there are legal remedies available to ensure you receive the support you need.
Florida mandates workers’ compensation coverage
Under Florida law, most employers must carry workers’ compensation insurance. Construction companies with at least one employee are required to have coverage, while non-construction businesses must provide it if they have four or more employees. Some employers attempt to avoid these obligations by misclassifying workers or disregarding regulations, but they remain legally accountable.
The state may provide a pathway to compensation
If your employer lacks the required insurance, you can report the violation to the Florida Division of Workers’ Compensation. The state may impose fines and other penalties on the employer. More importantly, you can still pursue benefits. The Employee Assistance Office can guide you through the claims process, even if your employer is uncooperative. You could be eligible for medical treatment and partial wage replacement.
Legal action becomes a possibility
In most cases, workers’ compensation laws prevent employees from suing their employers. However, if your employer failed to secure coverage, that immunity no longer applies. You may have grounds to file a civil lawsuit, seeking damages beyond the typical workers’ compensation benefits, including compensation for pain and suffering. Although litigation can be time-consuming, it may lead to more substantial financial recovery.
Timely action is essential to your claim
Act quickly following any workplace injury. Collect medical documentation, incident reports, and contact information for any witnesses. Prompt action strengthens your chances of receiving benefits or successfully pursuing a legal claim.
