To qualify for workers’ comp in Florida, you must experience a work-related injury or illness, and your employer must have a workers’ comp insurance policy. With limited exceptions, all Florida employers with four or more employees must carry workers’ compensation insurance.
In some cases, workers’ comp insurers may deny claims based on employment status, how the injury occurred, or failing to meet reporting requirements. If you believe you qualify for workers’ comp coverage but the insurance company denied your claim, an Orlando workers’ compensation lawyer can help.
What Are the Eligibility Requirements for Florida Workers’ Compensation Benefits?
To qualify for workers’ comp in Florida, you must meet certain criteria:
You Must Be an Employee (Not an Independent Contractor)
Businesses only have to provide workers’ comp for employees under Florida law. This includes full-time, part-time, and seasonal workers. Independent contractors and volunteers typically do not have access to workers’ compensation coverage unless the company has misclassified them, and they should be employees.
Your Employer Must Have Workers’ Compensation Insurance
Most Florida employers must provide workers’ compensation insurance. In general:
- Non-construction businesses must carry coverage if they have four or more employees.
- Construction companies must carry coverage if they have one or more employees.
- Agricultural businesses must carry coverage if they have at least six regular employees or 12 seasonal employees.
If Florida law requires your employer to provide workers’ compensation coverage and they fail to do so, your company could be directly responsible for your expenses and losses. A workers’ compensation attorney or an Orlando employment lawyer can help you understand your rights if this happens to you.
You Must Have a Work-Related Injury or Illness
To qualify for workers’ comp benefits in Florida, your injury or illness must occur in the course and scope of your employment. This could mean:
- You were hurt while performing your job duties.
- You were injured at a location or during an activity related to your work.
- You contracted an illness because of your working conditions (for example, chemical exposure leading to respiratory issues or cancer).
Workers’ comp is a no-fault system, so you can generally secure benefits regardless of who caused your injuries or illness. However, coverage may not apply under some circumstances, such as:
- The injury was intentionally self-inflicted.
- The worker was under the influence of drugs or alcohol when the injury occurred.
- The injury occurred while engaging in horseplay or illegal activities.
If your employer or their insurance company pushes back and does not want to give you benefits that you believe you deserve, speak to a workers’ compensation lawyer as soon as possible to understand your options and fight for the benefits you deserve.
You Must Report the Injury on Time
You must report your injury in writing to your employer within 30 days of the injury or your diagnosis. If you fail to do so, you may not receive approval for workers’ compensation coverage of the injury or illness.
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What Industries Qualify for Workers’ Comp in Florida?
Most professions have workers’ compensation coverage in Florida. Some common examples include:
- Office workers and white-collar professionals
- Healthcare professionals
- Construction industry workers
- Retail and restaurant staff
- Maintenance and custodial workers
- Factory and warehouse employees
Who Does Not Qualify for Workers’ Compensation in Florida?
According to the Florida Department of Financial Services, most workers have workers’ comp coverage in Florida. However, some may not. Examples include:
- Independent contractors
- Volunteers
- Casual or occasional workers
- Certain real estate agents
- Self-employed individuals
- Workers for small businesses with fewer than four employees
Some employees who do not qualify for workers’ compensation choose to purchase their own workers’ comp coverage from private insurance companies.
What Should I Do If The Insurance Carrier Denies My Workers’ Comp Claim?
If your employer will not cooperate with your workers’ compensation claim or the insurance company denies it, you should not give up. Some reasons you might receive a denial include:
- You did not report your injury or illness within 30 days
- Your employer or the insurer believes your injury or illness is not related to your job
- Your employer claims you are an independent contractor
- There is insufficient medical evidence to show your injury is as serious as you claim
In any of these situations, an Orlando workplace injury lawyer can help you challenge the denial by gathering evidence and advocating for your best interests while you focus on healing.
Dealing With Issues Related to Qualifying for Workers’ Comp in Florida
While workers’ compensation laws in Florida are meant to protect injured workers, the process of claiming benefits can be difficult and frustrating. If the insurance carrier denies or disputes your claim, do not give up. If you believe you qualify for benefits but are facing obstacles, a workers’ compensation attorney can help.
When you work with a workers’ comp lawyer in Florida, you will not need to pay upfront costs or fees. They will represent you on contingency and provide valuable legal advice and guidance. Your attorney will ensure you understand your rights, support your claim, and fight for the compensation you deserve.
With the help of a Florida workers’ comp attorney, you may get benefits such as payment of your injury-related medical bills and wage loss benefits until you can return to work. Those with permanent impairments may qualify for lifetime benefits in some circumstances.
Talk to Our Florida On-the-Job Injury Team for Free Today
Bogin, Munns & Munns has been serving injured workers in Central Florida since 1979. We are a full-service law firm with several offices conveniently located to serve you. If you were hurt on the job or have a work-related illness, we can help you deal with issues related to workers’ comp claims. Contact us today for a free initial consultation. You can speak to our team for free.
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