Who Qualifies for Workers’ Compensation in Florida?

If you’ve been hurt in a job-related incident, you might be wondering who qualifies for workers’ compensation in Florida. As long as you were injured while working, it’s likely that you qualify for benefits under your employer’s workers’ compensation insurance.

However, there are some situations where you might not be eligible, or your employer might not be legally required to carry workers’ compensation coverage. Fortunately, the Florida work accident lawyers from The Schiller Kessler Group are here to assess your situation, determine if you’re entitled to benefits, and fight for the compensation you deserve.

Employees That Qualify for Workers’ Compensation in Florida

Most employers in Florida are required to provide workers’ compensation insurance to their workers. However, employers who have a certain number of workers may not be required to carry a workers’ compensation plan.

If you’re unsure who qualifies for workers’ compensation in Florida, it can be helpful to find out if your employer is legally required to carry workers’ compensation coverage. If they are, you’ll likely be able to pursue benefits from their insurance provider for your workplace injury.

Let’s take a closer look at the requirements for different industries:

Construction

If you work in the construction industry and your employer has one or more employees, including the owner of the construction company, your employer is required to have workers’ compensation insurance. 

Agricultural

If you work in the agricultural industry and your employer has at least 6 regular employees or 12 seasonal workers, they are required by law to carry workers’ compensation coverage. An attorney can explain what qualifies as a seasonal worker and review your employment situation to determine if you’re entitled to benefits.

Other Industries

If you work in an industry other than construction or agriculture, your employer must carry workers’ compensation coverage if it employs four or more workers. An attorney can help you file a claim with your employer’s insurance provider and negotiate a settlement that meets your needs. 

Injuries That Qualify for Workers’ Compensation in Florida

For an injury to qualify for Florida workers’ compensation benefits, it must be a work-related injury that occurred on the job. You’ll likely be able to seek benefits by filing a workers’ compensation claim if you’ve suffered one of the following injuries while performing a job-related duty:

• Sprains and strains
• Cuts and punctures
• Contusions
• Fractures
• Burns
• Carpal tunnel syndrome
• Tendonitis
• Herniated discs
• Concussions
• Repetitive motion injuries
• Rotator cuff injuries
• Knee injuries
• Eye injuries
• Back injuries
• Shoulder injuries
• Neck injuries

If you’ve sustained one of these injuries in an accident that occurred while you were working, you’ll want to reach out to a work accident lawyer ASAP. They’ll be able to determine if you qualify for workers’ compensation in Florida. 

Requirements for Filing a Workers’ Compensation Claim

If you’ve been injured in a workplace incident, there are several rules you must follow in order to file a successful claim. First, you must report the incident and your injury to your employer no later than 30 days after the day you were hurt.

Under Florida Statutes 440.13(2), you also have to seek medical attention from a provider that is on your employer’s insurance company’s list of approved providers. If you receive care from a medical professional who isn’t approved, the insurance company won’t provide the money you need to cover your medical expenses.

Finally, you have to follow the statute of limitations for workers’ compensation claims. According to the law, to qualify for workers’ compensation in Florida, you must file your claim within two years of the day of the incident. If you fail to do so, you’ll be barred from receiving the benefits you need to recuperate. 

Do Undocumented Workers Qualify for Workers’ Compensation?

If you are not a permanent resident of the U.S. and don’t have a work visa or other documentation, you might be wondering if undocumented workers qualify for workers’ compensation benefits. 

Although you may get fired from your job after your employer finds out that you are undocumented, the Florida courts have ruled that you can still get access to workers’ compensation benefits after a workplace injury.

Schedule a Free Consultation With a Workers’ Compensation Lawyer in Florida

Determining who qualifies for workers’ compensation in Florida can be confusing. The good news is that the attorneys at The Schiller Kessler Group are here to assess your unique situation and advise you on whether you’re eligible to seek damages for your injuries and losses.

Contact us today to schedule a free consultation with a Florida work accident lawyer. Our team has over three decades of experience handling claims like yours, so we’re confident we have what it takes to obtain the financial support you deserve.