What If My Employer Doesn’t Have Workers’ Compensation Insurance?

Expecting your employer’s workers’ compensation insurance to cover medical expenses and lost wages associated with a work-related injury is normal. But while this is the case in many situations, some Florida workers are surprised when their employer says there’s no insurance for them to fall back on.

If you have been told by your boss that workers’ comp insurance isn’t available, talk to a Miami personal injury lawyer about your rights and what Florida law requires of workplaces. An attorney can review your situation and inform you of the steps to take if your employer is uninsured.

Workers’ Comp Requirements in Florida

Under Florida law, most employers are required to carry workers’ compensation insurance. The specific requirements depend on the industry and size of the company.

• Construction industry. Employers with one or more employees, including contractors and sole proprietors, must have workers’ compensation insurance.
• Non-construction businesses. Organizations with four or more employees, this includes full-time or part-time workers, are required to carry this insurance.
• Agricultural businesses. Employers with six or more regular employees or 12 seasonal employees, defined as an employee working more than 30 days, are required to provide coverage.

Once these thresholds are met, the legal requirement is clear, an employer should carry workers’ compensation insurance. If your employer is in violation of state law, there are steps you can take to ensure you receive the support you need for your recovery.

Complaints, Other Available Benefits, and Lawsuits

Filing a complaint is possible if you’re injured at work and discover that your employer does not have the insurance they should. Complaints are filed with the Florida Division of Workers’ Compensation (DWC), which is responsible for enforcing workers’ compensation laws. Alerting DWC of the issue can prompt an investigation of your employer. Fines or penalties for not providing the required coverage are possible.

In the absence of workers’ compensation, you might still have access to other forms of support, such as Social Security Disability Insurance (SSDI) or, in some cases, health insurance that may cover part of your medical treatment. A legal professional can help you identify alternative resources for financial support as well as discuss the possibility of taking legal action.

Normally, workers’ compensation laws in Florida prevent employees from suing their employer directly for workplace injuries, but if your employer lacks the required insurance, you may have the right to file a personal injury lawsuit. Through this type of claim, you could potentially recover damages for medical expenses, lost wages, pain and suffering, and more. Consulting with an experienced Miami personal injury lawyer is crucial, as they can help determine whether a lawsuit is viable based on the circumstances.

Were you hurt at work? Being injured at work is always stressful, but if your employer is uninsured you may be experiencing additional strain. Reach out to the attorneys at Spencer Morgan Law to explore your options. You have rights, and legal guidance can make all the difference in helping you secure the financial support you need. Call 305-423-3800 to book a confidential consultation.