Workers’ compensation insurance is what reimburses employees if they are hurt in an accident and have to bear financial burdens for both the short and long term. Having this insurance coverage is legally required for most businesses in Florida. Even if an accident did not happen due to negligence on part of the employer, the worker can still file for a settlement and get compensated for all their losses.
You are entitled to compensation for medical expenses and to 66 and 2/3 percent of your average wage if you’re unable to work for longer than 7 days. To ensure that your rights are respected and you get the compensation you truly deserve, don’t leave anything to chance, and instead seek out the help of talented worker’s compensation attorneys in Fort Lauderdale.
Our team at Work Injury Rights will help you throughout your trying times and give you much-needed legal representation without demanding upfront payment.
For now, let’s focus on the topic at hand:
Is Workers’ Compensation Insurance Optional in Fort Lauderdale?
As with many other states throughout the USA, Florida has made it obligatory for most employers to get insured for workplace accidents. Florida businesses with four or more employees legally must have workers’ compensation insurance. The requirements for construction and agriculture are different.
If businesses ignore this regulation, there will be penalties. If your employer doesn’t have the legally required insurance, you may be able to file a lawsuit against the company for failing to provide coverage.
Generally, most employers in Florida are insured and make it known to their employees so they can act according to the protocol if an accident does happen.
How to Tell If Your Employer Is Insured or Not?
So, how do you get to know whether or not your employer has workers’ compensation insurance in Fort Lauderdale? Several indicators can help you understand the situation better.
The law requires companies to post a notice about workers’ compensation on the premises. If your employer has put up notices for employees in the break room or somewhere else, you should check them out, there’s probably one that says that they are insured.
You can contact the insurance provider of your company directly (if you know what company it is) and ask them for the information. You can also check if your employer has workers’ comp coverage through the Florida Division of Workers’ Compensation website.
If you report the accident to the employer, they must report your injury to the insurance company no later than 7 days after the accident. The insurance company must send you an informational brochure within 3 days of receiving this notice. In such cases, it should be obvious that the employer has the necessary workers’ compensation insurance coverage to get you compensated.
However, in either case, you should seek professional legal assistance to get a sense of what to do next.
What Are the Consequences of Being Uninsured?
Whether or not your employer is insured, they will have to compensate you. If they refuse to cooperate after a work-related accident and do not have workers compensation insurance, you can pursue civil action against them.
The consequences of being illegally uninsured in the state of Florida can be severe for the employer. Firstly, they’ll have to pay out of their pocket for the expenses if you successfully sue them. Secondly, if they can’t or don’t pay the said sum, they can face jail time, fines, and more.
What to Do After a Workplace Accident?
Next, you need to understand your part in all of this. As we’ve mentioned, employees can get compensated either way, and it is the employer that has to worry about not being insured (more than you at least). What you can do is solidify your workers’ compensation insurance claim, and here’s how you do that:
- Take photos and make videos
- Gather firsthand evidence
- Get the contact information of all eyewitnesses
- Note if there were any surveillance cameras around and get a copy of the video
- Seek immediate medical help
- Get diagnosed for your injuries and get patched up
- Notify your employer in writing
- When/if you’re given an insurance claim form, fill it out after consultation with your lawyer
- Contact a law firm to better understand your position in the whole matter
How Can a Fort Lauderdale Injury Attorney Help?
If you’ve been in a workplace accident or any other incident that qualifies for a workers’ compensation insurance claim, don’t play into the hands of the insurance claims adjuster. The adjuster only wants to pay the bare minimum and nothing else. This means that you need someone on your side who not only understands your side of the story but can also get you compensated fairly.
A competent and experienced Fort Lauderdale injury attorney from Work Injury Rights can help you win your claim and get a favorable settlement. Reach out to us for a free consultation and book your appointment today!