My Employer Doesn't Have Workers' Comp Insurance in Miami, FL

My Employer Doesn’t Have Workers’ Comp Insurance in Miami, FL

February 2, 2022

Workers’ compensation is a way to compensate employees for injuries suffered or illnesses developed on the job, whether it’s a sprained ankle or carpal tunnel syndrome. Workers’ comp pays for medical bills, lost income and more. If you haven’t filed a claim, or need assistance to do so, call a personal injury lawyer for assistance.

For the most part, Florida employers with more than four employees are required to carry workers’ compensation insurance. Public companies are required to carry insurance no matter how many employees they have. Here’s a guide to what you can do if you’ve been injured on the job and your company doesn’t carry workers’ compensation insurance.

Pursuing a claim

When you’re injured on the job, normally, you’d file a claim through Florida’s workers’ compensation bureau. If your employer doesn’t carry insurance, you will have a slightly different process.

First, make sure to let your employer know about the injury. This could include filing an accident report or simply writing down what happened and emailing it to your boss. Make sure it’s in writing and it’s clear that you were injured.

Next, call a personal injury lawyer. A good lawyer can help you determine whether you have an actionable claim.

In Florida, there is no state uninsured workers’ compensation fund to help injured workers of unemployed insurers. Your best option is often to file a personal injury claim in a court of law, whether against your employer (for injuries they could have prevented) or another person (for causing injuries while you were performing work duties).

Personal injury claims

In most personal injury claims, a plaintiff is required to show that the defendant owed them a duty of care, they breached that duty and, as a result, actual harm was caused. For example, perhaps your employer failed to meet equipment safety standards and you were injured as a result, leaving you out of regular income and unable to work for another employer. This would be a good claim for a personal injury lawyer to take on, since it meets all of the elements of negligence.

Your lawyer may review your case and tell you that there’s no way to get compensation for your injuries. If this occurs, feel free to get a second or third opinion—another lawyer may have some insight that your original attorney does not. However, it’s entirely possible that you might not have any legal recourse whatsoever. That’s a difficult reality to face, but it highlights the need for Florida workers to verify that their employer carries workers’ compensation insurance in the first place.

If you’ve been injured on the job, Rubén J. Padron, PA can help. Whether it’s filing a workers’ compensation claim or pursuing a suit directly against the employer, we’ll do our best to ensure you get fair and adequate compensation for your injuries. Contact us today to schedule a consultation—we look forward to learning more about your case and showing you how we’re prepared to fight on your behalf.

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