You got hurt at work. You went to your boss expecting help with medical bills and lost wages. Instead, you found out your employer doesn’t have workers’ compensation insurance.
Now what?
Don’t worry. You still have options, and your employer could be in serious legal trouble.
As a Florida work injury lawyer with over 30 years of experience with workers’ compensation cases, Adam Baron can help you understand your rights, help you get the treatment and benefits you deserve, and keep you from having to deal with the Florida work comp “system” all on your own. From Boca Raton to Coral Springs to Miami, the work injury law firm of Adam Baron can help.
If you were injured or became sick while working, we can help. Call Adam Baron at 954-247-HURT now for a Free, No-Obligation Case Review.
Most Florida Employers Must Have Workers’ Compensation Insurance
In Florida, almost all employers are required by law to carry workers’ compensation insurance. If your employer has four or more employees, they must have this coverage. This includes part-time workers, seasonal employees, and most other types of workers.
There are only a few exceptions. Very small businesses with fewer than four employees might not need coverage. Some agricultural operations and a few other specific types of businesses have different rules. But for most workers, their employer should have workers’ compensation insurance.
Your Employer Broke the Law
If your employer was required to have workers’ compensation insurance but doesn’t, they broke Florida law. This isn’t a small mistake or an oversight. Operating without required workers’ compensation coverage is illegal and can result in serious penalties.
The state takes this very seriously because workers’ compensation protects injured employees. When employers skip this insurance, they’re putting their workers at risk of having no way to pay for medical bills or replace lost wages after a work injury.
What Happens to Employers Without Coverage
Employers who don’t carry required workers’ compensation insurance face steep penalties. They can be fined thousands of dollars. The state can also shut down their business until they get proper coverage.
But here’s what matters most to you as an injured worker: your employer becomes personally responsible for all your injury-related costs. Instead of an insurance company paying your medical bills and wage replacement, your employer has to pay these costs directly out of their own pocket.
Your Rights When There’s No Insurance
When your employer doesn’t have workers’ compensation insurance, you actually have more options than workers whose employers do have coverage. You can still get compensation for your injuries, but you have different ways to go about it.
First, you can file a lawsuit against your employer. This is different from a workers’ compensation claim. In a regular lawsuit, you can seek full compensation for all your damages, including pain and suffering. Workers’ compensation claims don’t usually include compensation for pain and suffering.
Advantages of Suing Your Uninsured Employer
While it’s terrible that your employer broke the law, it can actually work in your favor. When you sue an uninsured employer, you can potentially recover much more money than you would through a workers’ compensation claim.
In a lawsuit, you can seek compensation for all your medical expenses, both current and future. You can also recover full wage replacement, not just the partial wages that workers’ compensation provides. Pain and suffering damages might also be available, which can add significantly to your recovery.
Your employer also can’t use some of the defenses they might have in other situations. Since they were breaking the law by not having insurance, courts tend to be less sympathetic to their arguments.
Don’t Wait to Take Action
If you discover your employer doesn’t have workers’ compensation insurance, time is important. You need to protect your rights and start getting the medical care you need.
Document everything about your injury and your employer’s lack of insurance. Get medical treatment right away, even if you have to pay for it initially. Keep all your medical records and receipts.
Most importantly, contact an experienced workers’ compensation attorney immediately.
Cases involving uninsured employers are more complex than regular workers’ compensation claims. You need someone who understands both workers’ compensation law and personal injury law to help you get the maximum compensation available.
Remember, your employer’s illegal decision to skip insurance coverage shouldn’t leave you struggling to pay medical bills or replace lost wages. You have rights, and there are ways to get the help you need.
The Law Offices of Adam Baron, P.A. have represented hurt workers and accident victims for over 30 years. We understand how frustrating and challenging this time can be and we know how to help you through it. Our Florida work injury attorneys are aggressive when it comes to obtaining compensation and justice on behalf of our clients.
If you were injured or became sick while working, we can help. Call Adam Baron at 954-247-HURT now for a Free, No-Obligation Case Review.