Who May Be Eligible for Workers’ Compensation Benefits in Florida?
Are you eligible for workers’ compensation in Florida? The answer largely depends upon your answers to the following questions:
Are you an employee? Most Florida businesses are required to carry workers’ compensation coverage for their employees, including full-time, part-time, temporary, and seasonal workers. This requirement does not extend to independent contractors.
If you are employed at the place where you were injured, you likely qualify for benefits. If you are classified as an independent contractor, there is a chance you do qualify, but only in the event the company you work for misclassified you. In such a situation, your eligibility depends upon a number of factors, including the industry you work in, the responsibilities you have, and the manner in which you are paid.
Was your injury job-related? In order to qualify you for workers’ compensation benefits, your injury must have been caused by activities related to your employment. If you were working when you suffered your injury, you likely meet this qualification. If you were driving as a function of your job—making deliveries, for instance—while you were injured, you likely qualify for benefits.
If you were driving to or from work, however, when the accident occurred, you likely do not qualify. Injuries resulting from horseplay, substance abuse and illegal activity generally do not qualify.
Did you report your injury on time? In Florida, you have 30 days to report your injury to your employer and two years to file a workers’ compensation claim. If you miss these crucial deadlines, you may have lost your chance to obtain the benefits you need.
By contacting a workers’ compensation lawyer as soon as possible after your accident, you can rest assured that you are meeting all deadlines and filing requirements.
If you have questions about whether or not you qualify for workers’ comp benefits in Florida, talk with an experienced attorney before making any important decisions. Even if you think you are not eligible, a closer look at your situation may reveal otherwise.