What Happens If Your Employer Does Not Carry Workers’ Compensation Insurance
Florida law requires most employers with four or more employees to carry workers’ compensation insurance. In the construction industry, that requirement applies to businesses with even one employee. Despite this, some employers fail to maintain coverage, leaving injured workers unsure of what to do next. If you have been hurt on the job and discover your employer is uninsured, you still have options.
Why Employers Are Required to Carry Coverage
Workers’ compensation insurance exists to protect employees who are injured while performing their job duties. It covers medical treatment, a portion of lost wages, and benefits for permanent impairment. When an employer carries this coverage, the system generally prevents the employee from suing the employer directly for the injury. When an employer skips this requirement, both the worker and the employer are exposed to greater risk.
Your Options as an Injured Worker
When an employer fails to carry required coverage, you are not limited to filing a workers’ compensation claim. Depending on the circumstances of your case, you may be able to file a civil lawsuit directly against your employer for damages related to your injury. Unlike a standard workers’ compensation claim, a civil suit may allow you to pursue additional forms of compensation, though it also requires proving fault on behalf of your employer and/or a co-employee.
Underinsured Employers
Some employers carry a policy, but the coverage may be insufficient, outdated, or improperly maintained. If you run into delays, denials, or pushback from an employer’s insurance carrier, it is worth having your case reviewed by an attorney to confirm the policy is valid and adequate and what your options are in protecting your right to get benefits.
Do Not Wait to Get Guidance
An uninsured employer can complicate an already stressful situation. Missing a deadline or filing the wrong type of claim can affect your case, so it helps to understand your options early.
If you have been injured on the job, you do not have to face the claims process alone. At De Cardenas Freixas Stein & Zachary, P.A., we are here to help you understand your rights and pursue the benefits you need. Call us at 305-377-1505 for a complimentary consultation. Our bilingual team is ready to guide you through each step of your case.
