What If I Am Not Eligible For Workers’ Compensation?

Most workers in the state of Florida are covered under their employer’s workers’ compensation insurance, which means that if they are injured on the job, their medical bills will be covered instead of making the worker pay out of pocket. However, some workers are not eligible to receive workers’ compensation benefits – if you fall into this category, consulting an attorney may help you determine your options.

Two Reasons Why

There are two reasons why a worker may not be eligible to receive workers’ compensation benefits in Florida. One is that their employer is not required to carry workers’ compensation insurance – which is rare in this day and age, but still applies in some cases. For example, state law holds that businesses with 4 or more employees that are not in the construction industry must carry this coverage – thus, any business with fewer than 4 employees does not have to provide it.

The other reason a worker may not be eligible for workers’ compensation benefits is if they are not technically an employee. In all but the rarest cases, volunteers and seasonal workers are not generally eligible, and independent contractors are only covered by workers’ compensation if their contract agrees to this coverage. Still, none of this means that a non-employee who is injured will be left completely out in the proverbial cold.

Potential Options

If you have been hurt on the job, but your employer has no coverage, or you do not qualify to receive it, you have options for getting your medical bills paid. Depending on the nature of your injury, you may be able to apply for Social Security disability benefits – though this is more likely to be granted if your injury has led to permanent partial or total disability.

Another option, depending on the specific circumstances of your case, is to file a lawsuit against your employer. In theory, an employee is not able to file suit against their employer due to what is known as the ‘exclusive remedy’ provision. Florida law states that in exchange for workers’ compensation benefits, an employee gives up the right to sue their employer – but, of course, if you are not eligible for workers’ compensation benefits, you have no obligation to refrain from filing suit if there is cause to do so.

Call A Maitland Workers’ Compensation Attorney

If you have been hurt at work, it can be a shock to learn you are not eligible to receive workers’ compensation benefits. Consulting a Maitland workers’ compensation attorney from the Hornsby Law Group can help you determine your best options moving forward. Call our office today at (407) 871-6375 to schedule a consultation.

Source:

myfloridacfo.com/division/wc/employer/coverage-requirements