Most workers assume that if they are hurt on the job, workers’ compensation coverage is simply there. In Florida, most employers are legally required to carry it. But what happens when you report an injury and your employer tells you they have no coverage? It is a situation that leaves many workers feeling stuck, but you have more options than you may realize.
Florida Law Requires Most Employers to Carry Coverage
Florida law mandates that most businesses with four or more employees carry workers’ compensation insurance. In the construction industry, that threshold drops to one employee. Agricultural employers have their own rules based on the number of seasonal and annual workers. If your employer falls into any of these categories and is operating without coverage, they are breaking the law.
The Florida Division of Workers’ Compensation Can Step In
The state operates the Special Disability Trust Fund and, more directly relevant to your situation, the Division of Workers’ Compensation has the authority to investigate employers who are not in compliance. You can file a complaint with the Division, which can issue stop-work orders and levy significant fines against non-compliant employers. Reporting your employer not only helps your own situation but protects every other worker at that company.
You May Still Be Able to Sue Your Employer
One of the core trade-offs in workers’ compensation law is that employees give up the right to sue their employer in exchange for guaranteed benefits, regardless of fault. But that trade-off only exists when the employer is carrying the required insurance. If your employer is illegally uninsured, Florida law allows you to step outside the workers’ comp system and file a civil lawsuit against them directly. In a civil case, you can pursue full damages, including pain and suffering, which are not available under workers’ comp.
Third-Party Claims May Also Be Available
Depending on how your injury occurred, there may be parties beyond your employer who bear responsibility. A defective piece of equipment, a negligent contractor on a shared worksite, or a property owner who failed to maintain safe conditions could all be potential defendants in a separate civil claim. These third-party options exist regardless of your employer’s insurance status.
Do Not Assume Your Employer Is Telling the Truth
Some employers claim they have no coverage when they actually do, hoping the injured worker will simply go away. Others misclassify employees as independent contractors to avoid the coverage requirement. An attorney can verify your employer’s actual insurance status through state records and push back on misclassification arguments that are designed to strip you of your rights.
William Heller Is Ready to Fight for You
Attorney William Heller has dedicated over 35 years to helping injured workers in South Florida receive the benefits they deserve. He is AV-rated since 2005, the highest distinction for professional excellence, and he is not afraid to go to trial when insurance companies refuse to do right by his clients.
You have nothing to lose and everything to gain by making the call. If you have been hurt at work, contact William Heller today for a free consultation at (954) 921-7171.