You’re picking up weekend shifts at a local hardware store to make ends meet. While helping a customer load lumber onto their truck, a heavy board slips and crashes onto your foot.
Or maybe you’re working part-time evenings at a restaurant, and you slip on a wet floor, twisting your knee badly.
The pain is real, but you’re wondering if your part-time status means you’re out of luck when it comes to workers’ comp.
Florida work comp lawyers get this question a lot as there’s a lot of confusion out there. But to be clear, yes, part-time workers in Florida are generally eligible for workers’ compensation benefits if they get hurt on the job.
Part-Time Doesn’t Mean Part-Coverage
Here’s the deal: workers’ comp eligibility in Florida isn’t about how many hours you work. What matters is your employment status and whether your employer is required to carry workers’ comp insurance.
In Florida, most employers with four or more employees must have workers’ compensation coverage. For construction companies, they need coverage if they have even one employee. Your status as part-time, full-time, or even seasonal doesn’t change this basic rule.
Take Miguel, for example. He works just 15 hours a week at a landscaping company while attending trade school. When a lawn mower kicked up a rock that hit his eye, he was fully covered under workers’ comp, just like his full-time coworkers.
How Benefits Might Look Different for Part-Timers
While you’re eligible for coverage, your benefits might be calculated differently than a full-timer’s. Here’s why:
Workers’ comp wage benefits are based on your 13 week average wage before the injury. If you’re part-time, that average is naturally going to be lower than someone working 40+ hours.
Let’s say you work 20 hours a week making $15 an hour ($300 weekly). If you’re injured and can’t work, your wage benefit would be based on that $300 figure – typically about two-thirds of your average weekly wage, or around $200 per week in this example.
It’s not a fortune, but it’s still coverage you’re entitled to by law. And your medical benefits remain the same regardless of your hours: 100% coverage for authorized treatment related to your work injury.
Watch Out for These Exceptions
While most part-time workers are covered, there are a few situations to be aware of:
Independent contractors aren’t covered by workers’ comp. Some employers try to label part-timers as “independent contractors” to avoid providing benefits. Just because they call you a contractor doesn’t make it true under the law.
Very small businesses might be exempt. If you work for a non-construction business with fewer than four employees, they might not be required to have coverage.
Domestic workers (like house cleaners or nannies) often fall under different rules.
What to Do If You’re Injured as a Part-Timer
- Report the injury immediately to your supervisor or manager – verbally and in writing if possible.
- Be clear about how it happened – make sure everyone understands it occurred while working.
- Get medical help – ask your employer where you should go for treatment under their workers’ comp insurance.
- Document everything – keep copies of all paperwork and a journal of conversations about your injury.
Sarah, who works part-time stocking shelves at a grocery store, learned this the hard way. When she hurt her back lifting a heavy box, her manager suggested she “might not be covered” because she only worked weekends. She almost didn’t file a claim until a coworker told her otherwise. In the end, she received full medical coverage and partial wage replacement during her recovery.
Don’t Let Your Part-Time Status Stop You
Don’t let your part-time status stop you from seeking the workers’ comp benefits you’re entitled to after a work injury. The law in Florida protects part-time workers just like full-timers. Your benefits might be calculated differently based on your wages, but your right to medical care and wage replacement remains intact.
If you’re getting pushback or confusion from your employer about your rights as a part-time worker, it might be time to speak with someone who can help you navigate the system.
A Florida Worker’s Compensation Lawyer Can Help
The damages and trauma a work-related accident brings to your life can be devastating. Beyond the pain and frustration associated with your injury, understanding how the workers’ compensation process works can be overwhelming, especially if things don’t work out like they are supposed to.
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.