How to Navigate the Workers’ Compensation System if You Are Not Paid Through a Traditional Salary in Florida

Many people in Florida work outside the traditional employer and salary structure. This includes those paid by the job, by the project, or through other non-traditional payment arrangements. If you are injured while performing this type of work, you may wonder if you can pursue a workers’ compensation claim.

Here are some steps to help you understand and navigate the process.

Determine if You Qualify for Workers’ Compensation

In Florida, workers’ compensation laws generally cover employees. If you are not paid through a traditional salary, coverage can depend on your relationship with the business you are working for and the specific circumstances of your injury.

Sometimes businesses classify workers as independent to avoid providing benefits and paying payroll taxes. However, if the business controls how you perform your work, provides tools, or sets your schedule,  and pays you directly as an individual, you may still be considered an employee for the purposes of workers’ compensation.

Understand When You May Have a Claim

If you were injured while performing work for a business, you should not assume that you are ineligible for benefits based on an artificial label. Even if you receive payment by invoice, by project, or through another method, you may be entitled to coverage under certain conditions.

It is also important to note that Florida law requires many businesses to carry workers’ compensation insurance, even for nontraditional workers in certain industries.

Seek Legal Guidance Immediately

Navigating the system can be difficult, especially if a business disputes your claim or argues that you do not qualify as an employee. You may need to provide evidence about the nature of your work and the control the business had over how you performed it. Good to maintain records with regard to all contact with the Employer, so you can establish later the basis for any payment arrangements. Better to have a written understanding rather than relying on an individual’s memories.

Consulting an experienced attorney early in the process can help you understand your rights and strengthen your case.

Document Everything

Keep records of your contracts, payment methods, communications, and the circumstances of your injury. This documentation can be critical in proving your eligibility for workers’ compensation.

We Are Here to Help

At De Cardenas Freixas Stein & Zachary, P.A., we are committed to protecting your rights and helping you secure the benefits you deserve. Call us today at 305-377-1505 for a complimentary consultation. Our bilingual team is ready to provide personalized guidance and support every step of the way. Let us help you navigate the complexities of your case and pursue the compensation you need to move forward with confidence.