Being a new employee can mean a lot of things. It may mean that you are unfamiliar with equipment, policies, and safety requirements. You may not know what steps to take to minimize risks on the job just yet.
No matter what happens, if you are hurt at work, even as a new employee, workers’ compensation is available to you in Florida. Workers’ comp for new employees in Florida starts on Day 1 of your job and remains in place through each day and hour you work. That means new and part-time, as well as temporary employees, have workers’ compensation coverage from the first day.
If for any reason you were denied compensation after being hurt at work, let Ara Work Injury Law fight for you. Our skilled legal team provides free consultations to help victims know what their legal rights are.
What to Do After a Workplace Injury
Under Florida’s workers’ compensation laws, most employers must maintain workers’ compensation insurance coverage for employees. There are several steps you must take after being hurt at work to receive that coverage:
- Alert your employer, manager, or supervisor right away. Unless it is a life-threatening injury that requires calling 911, seek out your supervisor and tell them what happened.
- Determine from your supervisor where to get medical care. And then do so. Do not put off getting the medical care you need. In an emergency situation, you do not have to determine where to get care.
- Document everything. Take photos of the accident area, the injuries, and the equipment or other materials present. Write down where it happened, what time it occurred, who was around you, and who witnessed the incident.
Follow your doctor’s directions on treatment, follow-up care, and time off work. Even if you are injured on your first day of work in Florida, these rights are there to protect you. Use those rights to preserve your health and well-being.
Common Injuries New Employees May Experience
Workers’ comp for new employees in Florida is not rare. Injuries can happen on any shift and at any time. Your inexperience with the location could increase the risk of such incidents. Some of the most common injuries that we often see in these early days of employment include:
- Slips and falls
- Lifting injuries
- Equipment-related accidents
- Lack of training-related accidents
- Caught-in or caught-in-between accidents
Without familiarity with the environment, you may be at a higher risk of being hurt. If you do not receive or remember the training you obtained, especially on safety-related skills and job tasks, that increases your risk of being hurt. In some situations, these risks increase because the employer puts you at a higher risk without proper warning, training, equipment, or other safety resources.
How Compensation Is Calculated for New Workers
In most situations of workers’ compensation, the amount received is based on your average weekly wage. Typically, this looks back on your last 13 full weeks of employment. However, if you have not been on the job for that long and suffer an injury, workers’ compensation still owes you compensation.
Partial wage replacement still applies. The value of that will be based on the time you worked and your expected earnings. This can become complex, and if you are unsure that you were treated fairly, read it over to a workers’ compensation attorney to help you.
Remember, Florida workers’ compensation eligibility begins immediately, even if you have not worked 13 weeks to get an average weekly wage. Your attorney will help you navigate your legal rights in these situations.
Employer Retaliation or Denials
A new hire’s injury workers’ comp claim does not give the employer a reason to terminate the employee in itself. New employees are sometimes discouraged from filing a claim. Whether it is another employee or the employer themselves, there is no retaliation allowed under the law.
If your employer encouraged you not to file a claim when you were hurt on the job, they are breaking the law. They are unable to encourage, recommend, or even suggest this action.
If your employer terminates your employment because of your workers’ compensation claim, that is also a violation of the law. They cannot do so. Here are several factors to keep in mind:
- You cannot be denied the right to file a claim.
- You cannot be fired, demoted, or terminated for filing a claim.
- No one can tell you not to file a claim legally.
- Any type of retaliatory action against you is illegal.
As a workers’ compensation attorney, we help protect your rights in these cases. Do not wait to contact us.
When to Speak to an Attorney
If you are hurt at work, seek legal action. It is critical to do so if your claim is denied, delayed, or if you are encouraged not to prepare and file it. To do that, start by calling our attorneys for a free consultation. At Ara Work Injury Law, we represent those who have been in workplace accidents, no matter when you started your job.
Call us at 561.934.3272 | 561.9343.ARA if you’ve been injured in a Florida work-related accident. Se Habla Español
FAQs About Workers Comp and New Employees
Can I get workers’ comp if I just started a job?
Yes, you can file a claim for a work-related injury even if you just started your job. To be a valid claim, it must be an accidental incident that occurred during work-related tasks at work.
How do I know if my employer has workers’ compensation coverage in Florida?
Most employers must maintain workers’ compensation coverage in Florida. For non-construction businesses with four or more employees, not including LLC members or corporate officers, the requirement to maintain workers’ compensation applies. In construction businesses, having just one employee means they must carry coverage.
How do I prove I was retaliated against for filing a workers’ compensation claim?
It can be very challenging to prove this. However, if you can show that you lost your job or were otherwise treated unfairly, our workers’ compensation attorney will help you build your case.
