According to Florida’s workers’ compensation laws, workers’ comp insurance only covers employees. The law requires that every employer who has four or more employees to have workers’ compensation insurance. The construction industry is an exception — a construction company with one or more employees is required to carry workers’ comp insurance.
Who is an Employee?
To be eligible for workers’ comp benefits for a workplace injury, you must be an employee. You are an employee if you are:
- A full-time or part-time worker
- Working under a verbal or written contract of labor
- A prisoner on work-release
- A minor
- An alien, whether you are legally or illegally employed at the time of the accident
The question of whether a domestic or residential worker is considered an employee for the purpose of workers’ comp. Many homeowners in Florida hire people to do their yard work, take care of their children, perform minor repairs to their home, and other small or odd jobs around the house. What happens if one of these people are injured while performing work? Under our workers’ comp laws, you are not considered an employee if you are:
- An independent contractor not under the employer’s direction and control and/or hired for a limited time
- A nanny or domestic worker in a private home
- A professional athlete
- A volunteer
- A casual laborer who is hired for a specific job that is not going to last more than ten days
If the person is working on private property, there could be a claim against the homeowner’s insurance policy. Of course, each situation is different, and it is always best to consult with a Boca Raton workers’ comp attorney if you are injured while performing a job for another party. There could be a factor that changes your situation that is not common.
Worker’s Compensation Benefits in Florida
If you are an employee and you are injured on the job, Florida’s workers’ comp laws provide benefits. You are entitled to these benefits even if you were partially or entirely at fault for your accident, provided you did not injure yourself on purpose, and you were not violating company policies (i.e. injuries caused by horseplay or injuries occurring while you are outside your normal course of employment). The process to obtain your workers’ comp benefits should be straightforward provided you report your accident and follow through on your responsibility as an injured worker. However, sometimes an employer or its insurance carrier will delay or wrongfully deny a claim. If you are not receiving benefits after a workplace injury, contact our office immediately. Our attorneys can help you receive the benefits you are entitled to receive after being hurt at work.
Call a Boca Raton Workers’ Comp Attorney
The Broderick Law Firm, P.L. can help you obtain the benefits you deserve. Contact our office today 1-800-333-3903 to speak with an attorney. We represent individuals in West Palm Beach, Boca Raton, Fort Lauderdale & Miami, FL.