In Florida, the law requires that employers have an active workers’ compensation insurance policy in place. While this is the law, and even though this insurance coverage is mandatory for most Florida employers, it doesn’t mean that they are all compliant with it.
If you happen to experience an injury while at work and your employer does not have workers’ compensation insurance, you may find it almost impossible to recover the benefits you are legally entitled to.
Because of how complex these situations can be, it is essential to contact workers’ compensation lawyers West Palm Beach for assistance. The attorney you hire can work to help you recover benefits and recover from your workplace injury.
Are Florida Businesses Required to Have Workers’ Compensation Insurance?
According to Florida law, the following categories of employers are required to carry workers’ compensation insurance:
- All employers in a non-construction industry must buy the insurance if they employ more than four individuals, which includes the owner.
- All employers in the construction industry must have workers’ compensation insurance if they have a minimum of one employee, including the owner.
When you don’t know if your employer is required, by law, to have a workers’ compensation attorney, it is recommended that you talk to an experienced Florida workers’ compensation attorney.
Steps to Take if You Are Injured at Work, and Your Employer Doesn’t Have Workers’ Comp Insurance
After being injured at work, the first step to take is to let your employer know about the incident. At this time, you can verify they have workers’ compensation coverage. If they do, then you can simply follow the claims process. This is done by filing a claim with the insurance provider.
However, if your employer does not have workers’ compensation insurance, you can’t seek your deserved benefits. Keep in mind that if your employer doesn’t have this insurance and is required to (per the requirements above), it is a violation of the state law.
Despite what you may have heard, even if your employer doesn’t have workers’ compensation insurance, it doesn’t automatically mean you have no option to recover damages for your losses and injuries. Usually, it means that you must bring a personal injury lawsuit against your employer. When you do this, you can begin the process of receiving compensation for your losses, injuries, and damages caused by your workplace accident.
Tips for Winning a Personal Injury Lawsuit Filed Against Your Florida Employer
If you discover your employer does not have workers’ compensation insurance coverage, it is best to file a lawsuit with the help of an attorney. If you wait to take legal action against your employer, it may hurt your chance of having a successful lawsuit. This is another reason you should hire an attorney right away for assistance.
It is recommended that you hire a lawyer to help you win the lawsuit you have filed against your Florida employer. Your attorney will work to strengthen your case while ensuring you receive a fair amount of compensation for the occupational disease or work-related injury you experience.
If you want to improve your likelihood of success when filing a personal injury lawsuit against your employer, you can take the following steps:
- Maintain all your medical records and hospital information related to the work-caused illness or injury.
- Take photographs of the accident scene when the accident occurs (if possible).
- Gather witness information and ask these individuals what they saw and if they will provide a statement to your attorney.
- Start and keep a pain journal after the injury to track your recovery process.
- Keep track of the amount of time you are away from work.
Your attorney can help you gather other pertinent information related to your case. With the help of experienced legal representation, you can have confidence that you have the best chance possible of recovering the compensation you deserve.
What if Your Employer Has Workers’ Compensation Insurance and Your Claim Is Denied?
If you discover your employer or their insurer denies your claim for worker’s compensation, this is another situation where an attorney can help. They will negotiate with your employer and build a case to help ensure you get the benefits you deserve.
Hire a Florida Workers’ Compensation Attorney for Assistance
If you are injured at work, it is up to you to protect your rights and begin the claims process to get the compensation deserved. No matter if your employer has workers’ compensation insurance coverage or not, you have rights and can still get the compensation you deserve. Hire a Florida workers’ compensation attorney to help you secure the funds you deserve.