Workers’ compensation is a financial resource designed to protect employees who suffer serious injuries on the job. When that happens, you have the right to seek care for your injuries, expecting the employer’s workers’ compensation policy to cover your medical costs and extended time off work. But what happens if you are denied workers’ comp?
What happens if they do not have Florida workers’ compensation? There are some situations where the employer may not have to have it, but in other situations, they may be required and still let it lapse.
To help you know what to do, turn to Ara Work Injury Law. Workers’ compensation attorney Ara Gechijian will guide you in handling this often complex situation with confidence.
Florida Workers’ Compensation Laws
The first step is to know what your rights are under the Florida workers’ compensation laws. These laws are long and complex, but some of the most important factors to consider include the following:
- Employers must maintain workers’ compensation insurance if they have four or more employees. That includes both full-time and part-time employees.
- Those working for a corporation or a limited liability company may exempt themselves from these insurance laws. To do this, they must file an official declaration of exemption with the Florida Division of Workers’ Compensation. These parties must have at least 10% ownership in the company, and no more than 10 members are exempt.
- In agricultural businesses, if there are 6 regular employees and or 12 seasonal employees who work more than 30 days during the season or more than a total of 45 days in the same calendar year, the business must have insurance.
- In the construction industry, employers who have 1 or more employees must maintain insurance, including those who are non-exempt business owners.
If you are unsure if your construction business falls into one of these classifications, view the trades that the state of Florida recognizes as construction-specific trades.
What Happens If Your Employer Does Not Have Workers’ Comp Insurance?
In most businesses, you can assume that if the company has four or more employees, workers’ compensation is a requirement. If you find that the business does not have coverage, you can turn to the Employee Assistance of Ombudsman Office to check if the employer carries the required coverage.
If the company does not have insurance to cover your injuries, you still have recourse to recover compensation for your losses. The most common situation here is to file a personal injury lawsuit against the employer.
If an employer should have workers’ compensation and they do not, the state can require the business to cease all operations until it complies with the law. There is generally a penalty to pay as well, which is equal to 2 times the amount the employer would have paid in manual premium within the previous 12 or 24 months. This is harsh from the perspective of the employer, but workers’ compensation is a very specific right that employees have within the state. A lack of coverage impacts your ability to work in a safe environment without risk of financial loss.
Filing a Claim with the Florida Workers’ Compensation Claims Fund
In many situations, you have several routes to receive compensation for any losses you sustain at work. One route to recovering those losses is to file a claim with the Florida Workers’ Compensation Claims Fund. You can file a claim through the Uninsured Employer Fund by submitting your claim information to the organization.
This type of coverage applies if your employer is not covered. Also, note that this is just one route to seeking fair compensation for your losses. Because this process can be complex, we recommend that you work with a workers’ compensation attorney to file such a claim or to learn about your rights.
Can You Sue Your Employer for a Work Injury?
In most situations, you cannot sue an employer for a work injury if they have workers’ compensation in place. If they do not have coverage, and they are required to have it, you can file a personal injury lawsuit to recover your damages.
A workers’ comp claim is very different from filing a personal injury lawsuit.
- In a workers’ compensation claim, you file the claim for your medical bills and time missed at work with the insurance company, and they pay you.
- In a personal injury lawsuit, you force the company to pay all of your losses from the incident, which may include not only your losses as they relate to medical bills and missed time at work but also pain and suffering, emotional turmoil, and loss of quality of life.
Note that the lawsuit is more complex and is best done with the help of a legal team. It takes more time to process, but it may be a critical step for those who suffer injuries on the job with no other resources.
Denials and Appeals in Uninsured Employer Cases
In some situations, the insurance company may deny your claim or your employer may deny that you were hurt on the job. In these situations, you have rights after a workers’ comp denial. That includes seeking an appeal to require the insurance company to reconsider.
In situations where the claim receives an initial denial, it will provide specific information about why that claim denial occurred. If you cannot recover damages because of a lack of information or you have evidence to support your claim, work with an attorney to appeal the decision. At Ara Work Injury law we have years of experience fighting and reversing case denials.
Were You Denied Workers’ Comp? What to Do If You Are Injured and Your Employer Has No Coverage
If you work for an uninsured employer and you need to file a workers’ comp insurance claim but cannot do so, contact our legal team. When you do, we will provide specific insight into the best way to recover your losses, such as filing a personal injury lawsuit.
To learn more, turn to our legal team at Ara Work Injury Law. Call us at 561.934.3272 | 561.9343.ARA if you’ve been injured in a Florida work-related accident.
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