Is Florida Workers’ Compensation Different Between Industries?
Workers’ compensation law exists as a mutually beneficial arrangement between employers and their employees. In exchange for employees not filing suit against their employers if they get hurt on the job, the employer provides medical care for any such injury. However, one size does not fit all; in Florida and several other states, the workers’ compensation process will differ – if only slightly – based on the number of employees a business has, and by the industry that business operates within. If you have been hurt at work, a knowledgeable attorney may be able to help clarify any questions you may have about the process.
Different Industries, Different Requirements
In general, Florida employers with 4 or more employees are required to maintain workers’ compensation insurance coverage, unless certain rare exceptions apply. Businesses in the construction industry must carry coverage if they have 1 or more employees, and contractors must cover subcontractors, and agricultural businesses must carry coverage if they meet a certain specific set of requirements, such as having a set number of seasonal employees who work at least a certain number of hours.
Be advised that while it is true that some business owners seek out exemptions from having this type of coverage, an exemption may only apply to officers of a corporation, or members of a limited liability company (LLC), for the express purpose of excluding themselves from workers’ compensation laws. In other words, those who choose to be exempt are unable to collect workers’ compensation benefits, and consciously seek the exemption knowing that fact.
Some Things Stay The Same
While the coverage requirements are different for different Florida industries, the general protections of the workers’ compensation system will usually apply to everyone equally unless a rare exception occurs. As long as a worker advises their employer of an on-the-job injury within 30 days of its occurrence (or diagnosis of an occupational disease), they have the right to apply for workers’ compensation benefits – and while many petitions are granted, it is important to be aware that this is not a certainty.
While most Florida employers are required to carry workers’ compensation coverage, some try to go without in an effort to save money. If this is true of your employer, be aware that you have the right to file suit against them to try and recover lost wages and other damages – in the absence of workers’ compensation benefits, the employee owes no duty to refrain from filing suit against their employer.
Contact An Orlando Workers’ Compensation Attorney
If you have been injured at work, and you are employed in a less common industry, know that you still have much the same rights as any other employee in Florida. An Orlando workers’ compensation attorney from the Hornsby Law Group can help to guide you through the legal process, so that you are more likely to get the benefits you deserve. Call our office today at (407) 499-8887 for a free consultation.
Source:
myfloridacfo.com/division/wc/employer/coverage-requirements
