In Florida, most businesses must provide workers’ compensation to anyone working for them who is considered an employee. The law requires workers’ compensation to be purchased by a business and provided to all employees if that business has four or more employees. Construction companies need to purchase workers’ compensation no matter how many people work there, though.
Under these rules, you have probably assumed that you have workers’ compensation coverage because you are a typical employee at a company with many employees. However, you could be incorrect if your employer has taken steps to exempt you or your job position from workers’ compensation coverage.
The Florida Division of Workers’ Compensation allows employers to file an application to make certain types of workers exempt from workers’ comp coverage. One common example is when a construction company files to make exempt any independent contractors they hire for a project. If that worker is injured on the job and the exemption application was approved by the Florida Division of Workers’ Compensation, then no workers’ comp coverage would be provided to that worker.
Why Would an Employer Want to Exempt a Worker?
An employer might give you many reasons as to why they filed to make your job position exempt from workers’ compensation coverage. But the underlying truth of whatever they tell you is probably simple: it saves them money. The more employees a company has, the larger the insurance premium they will pay to the company providing their workers’ comp insurance. If your position can become exempt, then they stand to save money each month.
Are You Exempt from Workers’ Comp?
Your employer should make it clear to you if you have workers’ compensation coverage or not. Yet not all employers will be straightforward. You could get into a workplace accident and only then be told that you have been made exempt from coverage.
At that point, it is highly advised that you speak with a local attorney who knows the law and businesses in your area. If you live in Orlando, then you should make Van Dingenen Law your first choice for legal guidance and representation. We have more than 25 years of legal experience focused primarily on complex workers’ compensation cases for claimants. Our representation has recovered hundreds of millions of dollars in verdicts and settlements for injured workers and their families throughout the years. Let us see if we can apply the same caliber of legal service to your workers’ comp case as well.
Dial (407) 967-5377 or contact us online to begin your case after you were denied workers’ comp coverage due to an unfair exemption.