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What Should I Do if My Employer Does Not Offer Workers’ Compensation?

My Employer Doesn't Offer Worker's Compensation and I Sustained an Injury on the Job. Now What?

By Scott J. SternbergPublished 12 months ago 5 min read
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Worker’s compensation is a type of insurance designed to cover medical expenses and lost wages resulting from a workplace injury or illness. Employers are required to have workers' compensation insurance in place when bringing a new hire on board, which must remain active during the entirety of their tenure with the organization.

All employers with four or more employees working at least 30 hours weekly (or 120 days annually) must carry workers' compensation coverage in the state of Florida. This includes construction companies, manufacturing plants, retail stores, restaurants and other types of organizations. Failing to do so can result in fines up to $10,000 per violation, and sometimes even criminal prosecution in egregious cases where employers were aware of this requirement, and blatantly ignored it.

Many businesses choose to provide this coverage voluntarily, not only as a legal requirement, but also to protect themselves from potential liability claims that may result from workplace-related injuries or illnesses caused by their negligence.

How to Find Out If Your Employer in Florida Has Workers’ Comp

It’s important to know if your employer in Florida has workers’ compensation insurance. To do so:

● Check with the Division of Workers’ Compensation (DWC) within the Department of Financial Services. The DWC maintains records on all employers who have been issued a Certificate of Coverage or Self-Insurance Authorization. You can search these records online or contact them directly for more information about an individual employer's status.

● Ask your boss to check if they have valid, current workers' comp coverage and request evidence of it. Your employer should be able to give you a document or policy that verifies they are following the applicable regulations. If they don't, this could signify a lack of proper coverage and put you in jeopardy should an on-the-job injury occur that would prevent you from receiving benefits.

Explore Alternative Options

If you are unable to file a workers' compensation claim, your next best option is to pursue a personal injury lawsuit instead. The biggest caveat to these types of lawsuits is that they will require proof of negligence by your employer and/or other parties involved in the incident which caused your injury, which can be a tall order. This means that you must successfully prove that someone else was at fault for your injuries, which can be challenging. Also keep in mind that any compensation or settlement offers you receive from a personal injury case could be subject to taxation.

Outside of filing a personal injury lawsuit, additional options at your disposal include:

● Disability insurance policies

● Government programs like Social Security Disability Insurance (SSDI).

It is important to weigh all your options, prior to making a final decision on what you want to do. An attorney can be instrumental in helping you chart the best course of action.

Hire Workers Comp Attorneys in West Palm Beach

If you've been hurt while on the job and your boss doesn't offer workers' comp, it’s not an enviable situation to be in. Fortunately, if you live in West Palm Beach, legal expertise is available from experienced workers comp and personal injury attorneys who understand what to do when employers fail to provide necessary coverage for their employees. By retaining the services of a knowledgeable professional in this field of law, you can explore all options available to ensure that your rights as an employee are protected under Florida state laws governing workplace injuries and accidents.

Workers' comp lawyers are proficient in interpreting state-specific laws connected to on-the-job injuries, as well as calculating how much you are owed. They can also:

● Assist with filing claims

● Negotiate settlements

● Appeal denials of coverage

● Take other necessary steps throughout the process

Workers comp attorneys:

● Help ensure employers are held accountable if they fail to comply with relevant statutes or deny valid claims without sufficient cause

● Play a role in providing legal representation when an employer fails to provide adequate coverage for workplace injuries or denies legitimate claims from employees who were hurt on the job

They possess a comprehensive understanding of labor laws and civil court proceedings and can effectively represent you in seeking damages from a negligent employer by filing a lawsuit for breach of contract or negligence resulting in harm caused by inadequate safety measures while you were working for them.

Participate in Advocacy and Awareness Efforts

You may also consider joining advocacy groups or participating in awareness campaigns to push for better protection and benefits. By joining forces with other injured workers, you can make your voice heard on a larger scale. Moreover, these activities may assist those who have suffered injuries in the workplace.

To be a successful advocate, team up with specialized worker's rights organizations that offer legal advice and resources, including the Workers Compensation Advocates Group (WCAG) and The National Council on Compensation Insurance (NCCI. These can come in handy when dealing with claims or filing lawsuits against employers who have neglected their duties and denied rightful benefits according to the state regulations concerning workplace safety.

You can get involved by attending community outreach programs such as seminars and public forums, which provide education on workers' rights under the law and how to obtain compensation for lost wages, medical expenses, future lost wages, physical injury rehabilitation costs, etc. At these events, legal professionals are often invited to give free consultations so attendees can make informed decisions about representation or taking legal action against an employer/insurance company if necessary.

It’s important to stay in-the-know about workers' compensation laws and statutes so that you know what types of protections are available to you should an accident occur while performing work activities on the job site - especially if you're employed in industries like construction, where accidents happen more often than other workplaces. Knowing your rights beforehand will guarantee that you get all the benefits stipulated by law, even if no fault is attributed directly towards your employer/insurer (e.g., natural disasters).

And last, but certainly not least, don't write off using social media platforms like Facebook and Twitter to share your story with others. These platforms have massive captive audiences, and you never know who might see it.

Take Control of Your Future

The legal process for obtaining compensation for injuries sustained at work can be complex and time-consuming, and if your employer does not offer workers’ compensation, it may feel like the cards are stacked against you. Thankfully, you do still have options. From researching state regulations regarding worker's compensation requirements to seeking alternative solutions or advocacy efforts, understanding these options if your employer doesn't offer workers’ compensation is essential before taking any type of action.

In situations such as this, it’s important to seek professional advice from experienced workers comp attorneys West Palm Beach who specialize in this area of law. Having the right legal team in place can help to ensure that your rights are protected, and you are able to collect the compensation you are legally entitled to.

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About the Creator

Scott J. Sternberg

At Sternberg | Forsythe, P.A, we are dedicated to providing unsurpassed legal service throughout Florida for clients struggling with injuries at work and workers compensation. 

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