Is My Employer Required To Have Workers’ Compensation Coverage?
There are many different kinds of industry that are alive and well in Florida. Very few things apply to all of them equally, but perhaps the one (with very rare exceptions) is that all employers who qualify must carry workers’ compensation insurance, to help protect their workers if they are hurt on the job. If you have been injured at work, and it turns out that your employer does not carry workers’ compensation insurance, you may be able to file suit against them in court.
Most Employers Required To Carry Coverage
In general, Florida requires all businesses with 4 or more employees to carry workers’ compensation coverage, though there are some exceptions. Employers in the construction industry must carry coverage if they have 1 or more employees, including the owner of the business, and the agricultural industry is governed by a more complex set of regulations, partially influenced by whether or not a business has seasonal employees. In addition, contractors must ensure that all their subcontractors have coverage.
There are a handful of reasons why an employer might lack workers’ compensation coverage, with some being more serious than others. A simple mistake due to ignorance can be remedied with payment of fines and purchasing of coverage; a refusal to carry coverage due to expense or a disinclination to protect their employees can result in more serious consequences. Either way, an employer or contractor not having the required insurance can lead to serious long-term occupational and financial headaches.
Can I Sue?
An injured employee whose employer lacks the required insurance coverage may feel as though they are out of options – one cannot take advantage of insurance coverage that does not exist, after all. However, this is not the case. Florida law defines workers’ compensation as the “exclusive remedy” for an injured employee, which means that in exchange for agreeing not to sue their employer over the injury, the employer provides workers’ compensation coverage and required medical care. If the employer has no coverage, the employee has no obligation to refrain from filing suit.
If you come to the conclusion that you must file suit against your employer to recover benefits for your work injury, it is crucial to act fast. Florida’s statute of limitations for personal injury cases is two years, meaning that you only have two years from the date of the accident in which to file. This may seem like a long time, but it will go by much faster than you realize. Filing suit is a complex endeavor, and getting the right attorney on your side can make all the difference.
Contact An Orlando Workers’ Compensation Attorney
Seeking care for a work injury should be simple, but if your employer has failed to carry the coverage their employees need, you may need to seek compensation in other ways. An Orlando workers’ compensation attorney from the Hornsby Law Group can help answer any questions you may have about your options. Call our office today for a free consultation.
Source:
myfloridacfo.com/division/wc/employer/coverage-requirements
