What If My Employer Doesn’t Have Workers’ Comp?

When you get injured on the job, workers’ compensation will most likely cover your injuries, and provide a straightforward, fault-free way to get the recovery you need. However, not all employers are required to carry workers’ compensation insurance, particularly if they don’t have many employees on the payroll.

In those instances, it can be difficult for injury victims to know where to turn. At Van Dingenen Law, our experienced workers’ compensation attorneys are standing by to help you navigate this process and ensure that you get appropriate coverage for your injuries. Whether you need to bring a workers’ comp claim or negotiate with your own insurers, we can help!

Understanding Workers’ Comp Laws in Florida

Under Florida law, any company that has 4 or more employees is legally required to carry workers’ compensation. This holds true even if all the employees are part-time or seasonal, but it does not apply to independent contractors.

If the company isn’t private, however, it doesn’t matter how many employees it has: Workers’ compensation is required. Additionally, any employer in the construction industry must provide workers’ compensation insurance as soon as they have a single employee – and farmers with five or more employees are also required to carry this form of coverage.

How Do I Bring a Claim?

After you become injured on the job, your first step should be to check with your employer and notify them about the injury. Then, if they are covered by workers’ compensation insurance, they should help you file a claim with the appropriate insurance provider.

Of course, if your employer insists that they don’t have coverage, it’s possible that they’re breaking the law. In those instances, you may still be entitled to benefits, but you could have a more difficult time getting the coverage you deserve because of your employer’s failure.

Without workers’ comp coverage, you will have three primary courses of actions:

  1. Pursuing a workers’ comp claim with an uninsured employer fund for your state.
  2. Filing a personal injury lawsuit against the company for failing to carry appropriate workers’ compensation insurance.

Unfortunately, in the state of Florida, there is no official uninsured employer fund for workers’ compensation claims. However, if your employer was actively at fault and responsible for your injuries, you can still bring a personal injury lawsuit in a civil court of law.

Dedicated Assistance for Your Claim

At Van Dingenen Law, workers’ compensation is truly all we do, and where we place the majority of our focus. With over 25 years of experience, there are very few cases that we haven’t seen or handled yet, and we’ve helped thousands of clients navigate the Florida workers’ comp system. When you need help, just give us a call for prompt assistance!

Call (407) 967-5377 today for a free consultation.

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