It seems horribly unfair that a person who’s hurt at work has no redress against their employer. After all, if it weren’t for your employer, you wouldn’t have gotten hurt. For the most part, the State of Florida agrees with this sentiment. Most employees are allowed to file for workers compensation in Florida if they get hurt on the job. However, there are several groups of workers who are not entitled to workers comp benefits. Members of this group often turn to an experienced workers compensation lawyer in Miami when they suffer a work-related injury.
As frustrating as it can be, people who work in a handful of business sectors are not allowed to file for workers compensation in Florida. Some of these workers have other options. For example, if you’re the member of a railroad employee union, you will turn to them if you get hurt at work. Unfortunately, for a lot of people in Miami, this isn’t an option available to them. These workers end up calling our office for help. Our seasoned injury attorneys in Miami are happy to oblige.
Here, we’ll discuss which groups of Florida workers are not entitled to workers compensation benefits. We’ll also explain what avenues these employees have when it comes to being compensated for their workplace injuries and accidents.
If you still have questions after reading this article, feel free to give us a call and schedule your free, initial consultation.
What Is Workers Compensation and How Does it Work?
Workers compensation is a system that provides injured employees with medical care and replacement wages. These benefits continue for as long as the employee is recovering from their injuries. Most people are back to work within a few weeks or months. There are a handful that stay out on workers comp for over a year. These are the ones who suffered serious injuries on the job.
Workers compensation lawyers in Miami represent a lot of these clients. They make sure their claims are handled properly. They also make sure their clients aren’t forced to return to work before they’re fully recovered. If an employee suffers a permanent disability because of their workplace accident, our associates fight to get them long-term benefits under workers compensation in Florida. Alternatively, they push for a lump sum settlement.
As hard as our injury attorneys in Miami work for injured workers, there are some clients that must look elsewhere if they expect to be compensated for their injuries.
Which Employees Are Allowed to File a Claim Under Workers Compensation in Florida?
As stated above, most people who are injured at work are able to file for workers compensation in Florida. As long as they meet the requirements for workers compensation, they’re entitled to certain benefits. These benefits include:
- Medical treatment for their injuries
- Replacement wages while they’re out of work recovering
- Rehabilitation, if needed
- Occupational therapy
To qualify for workers compensation in Florida, you must be a legitimate employee. Benefits are not available to consultants and independent contractors. The law is very clear about this. If you fall into either of these categories, call our office. One of our seasoned injury attorneys in Miami can help you pursue a legal claim instead.
Do You Belong to One of the Excluded Groups?
Consultants and independent contractors are not the only people ineligible for workers compensation in Florida. If you work in certain industries, you’re also ineligible for workers compensation.
The following workers are not eligible to collect workers compensation in Florida:
- Railroad workers
- Federal employees
- Postal workers
- Agricultural workers
- Domestic servants (nannies, maids, etc.)
If you fall into any of these categories, you’re going to need a workers compensation attorney in Miami more than anybody else. Thankfully, we’re here to serve. We also know the law in Florida and will do whatever we can to get you the compensation you deserve.
Workers Compensation Lawyers in Miami Can Help
It can be extremely frustrating to learn that you can’t collect benefits for a workplace accident. When you work, day in, day out for a company, the least you can expect is that they’ll take care of you if you get hurt. For the above listed groups, however, they must rely on something other than workers compensation in Florida to get paid.
Your injury attorney in Miami will review your case and help you decide what options you have available. You may be able to pursue a claim with your union. Or you may have to file a personal injury lawsuit against your employer. For federal employees, there is a different program, similar to workers compensation. Your lawyer can help you with this as well.
Why Can’t You Just Sue Your Employer for Damages?
One of the first questions many of our clients ask is why they can’t just sue their employer for damages. They rarely like our answer. Workers compensation lawyers in Miami are well versed in Florida law. They also understand that it’s frustrating to be limited to filing for workers compensation in Florida.
The reason you can’t just sue your employer is that, if all employees were allowed to do this, your employer would have to shut their doors. If they had to pay to defend every single lawsuit filed by an injured employee, they’d go bankrupt in no time at all. This would be disastrous for the national and local economy. Rather than have this happen, the State relies on the workers comp system instead.
Contact an Experienced Injury Attorney in Miami Sooner Rather Than Later
If you’re hurt on the job, you should call one of our injury attorneys in Miami right away. We can let you know if workers compensation in Florida is an option for you. If not, we’ll let you know what you can do to be compensated for your injuries.
The best thing to do is to call our office right away and schedule your free, initial consultation. You don’t want to wait too long to do this. If you’re not allowed to pursue a claim through workers comp, you need to know what other avenues you can pursue. If you wait too long to do this, you could miss your window of opportunity.
Call our office and speak with one of our associates. They can find a date and time for you to come into the office and meet with one of our lawyers. Our team has decades of combined experience handling cases just like yours.