Are You Entitled for Worker Compensation Benefits in The State of Florida?

February 12, 2020
Woman with yellow hard hat working on metal

This can be a tricky question for some. Eligibility for workers’ compensation is generally unknown to most people. Not because they simply don’t know, but because it can be different depending on where you work. While there’s a lot to go over, there’s enough in this article to give you a general idea of how you can receive workers’ compensation benefits in the state of Florida.

Workers’ Compensation Benefits in The State of Florida

Florida Division of Workers’ Compensation

First and foremost, for any of the latest information regarding worker’s comp in the state of Florida, always refer to the Florida Division of Workers’ Compensation. They will offer more information on the standards, rules, and laws regarding how you can be entitled.

Employers That Are Required to Provide Coverage in Florida

It’s different depending on the industry. Any construction company must provide workers’ comp if they have one or more employees, including the owner if they’re a corporate officer. An agriculture company will need to have six or more employees to provide workers’ comp. And a non-construction or agriculture one will need four or more. They will be responsible for all necessary treatment, prescriptions, and medical care related to your injury.

There are other things to consider and look into when you’re beginning to analyze a business’ worker’s compensation benefits. These can include if they have a temporary total disability, permanent partial disability, or other benefits relating to the matter.

You Must be Employed

If you are an independent contractor, consultant, or freelancer, you aren’t eligible for workers’ compensation benefits. 

However, you are entitled if you are employed under a business. Regardless if you’re part-time or even seasonal, you’re still eligible for benefits. You don’t even need to be employed for a certain amount of time to claim it.

Working as a “temp” or other similar position may disallow you from receiving benefits. Working in such a position may place you as either an independent contractor or an employee.

An example scenario where you might be an independent contractor vs. an employee would be if you are a salesperson. Depending on how independent or close you work with the employer determines your eligibility. One way to tell if you’re an employee would be if your employer is withholding taxes from your pay. If you think you’re eligible for a benefit but your employer is denying workers’ comp, you may want to contact a workers’ comp attorney.

Does it Need to be Job-Related?

Absolutely. You won’t receive workers’ compensation if your injury wasn’t caused on the job. But that doesn’t mean you have to be at the place of employment for it to happen.  If you’re a full-time traveling salesperson working for a company and you injure yourself during travel, your employer must apply the necessary benefits to ensure your recovery.

You won’t receive any benefit if you are going to or leaving work. You also won’t get it if your injury occurred during a work lunch break.

What if the Injury was Your Fault?

It doesn’t matter. The system for workers’ comp benefits is a no-fault system.  If you happen to write with your feet resting on the desk and you tip over and harm yourself, your employer is likely to have to supply you with workers’ comp. If however, other factors caused your injury, you may not. Some examples would include if your injury was caused by inappropriate behavior not condoned by your employer (such as goofing off and mistreating company equipment). It’s difficult to know what the gray area would be for an injury that was caused by you so it’s advised that you get a lawyer knowledgeable about workers’ comp benefits.

Our Pharmacy Network Will Help Supply You With Medication

OPN has provided the South Florida area with impeccable pharmaceutical services and offers not only medication but lawyers and physicians who can help you recover fast and get you back on your feet. If interested, call us at 844-238-9313 or visit our contact page.

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