Can You Recover Workers’ Compensation Benefits If Your Employer Is Uninsured in Florida?
Suffering a workplace injury can leave you with more questions than answers—especially if your employer doesn’t have workers’ compensation insurance. This blog provides information on what to do if your employer is uninsured in Florida.
Florida law requires most employers to carry workers’ compensation insurance, an employer-paid insurance that provides medical care and wage replacement to employees who suffer job-related injuries or illnesses. However, not all employers carry the necessary coverage.
If you have been injured or become ill at work and your employer doesn’t have workers’ compensation insurance, you are likely worried about how you’ll pay for medical treatment, replace lost income, or support your family while you’re unable to work. Depending on your situation, Florida law may provide alternative legal remedies that can help you recover damages and hold your employer accountable.
In this blog, the experienced Florida workers’ compensation attorneys at Avera & Smith answer some of the most common questions injured workers have when their employer is uninsured in Florida.
Can I still receive benefits if my employer doesn’t have workers’ compensation insurance?
Yes—possibly. If your employer was legally required to carry workers’ compensation insurance but failed to do so, you may still have options for recovering compensation. Your legal rights will depend on factors such as your employer’s industry, the number of employees, and the circumstances surrounding your injury.
An experienced attorney can determine which legal remedies may be available in your case.
How do I know if my employer was required to have workers’ compensation insurance?
Florida law requires most (but not all) employers to carry workers’ compensation insurance.
Generally:
- Construction businesses must carry coverage if they have one or more employees.
- Most non-construction businesses must carry coverage if they have four or more employees.
- Agricultural employers are subject to separate coverage requirements.
Even if you’re unsure whether your employer was legally required to have insurance, an attorney can investigate your employer’s obligations under Florida law.
What if my employer is supposed to have workers’ compensation insurance but doesn’t?
Employers who fail to carry legally required workers’ compensation insurance can face serious consequences, including state enforcement actions, financial penalties, and stop-work orders. More importantly for injured workers, an uninsured employer may lose certain legal protections that normally prevent employees from filing lawsuits. This could significantly expand your legal options.
Can I file a lawsuit against my employer?
In some situations, yes. When employers comply with Florida’s workers’ compensation laws, they generally receive immunity from most workplace injury lawsuits. However, employers who fail to maintain required workers’ compensation coverage may lose that immunity.
If that occurs, you may be able to pursue a negligence claim against your employer seeking compensation beyond traditional workers’ compensation benefits. Every case is different, so it’s important to have an attorney evaluate your specific circumstances.
Why should I hire a workers’ compensation attorney if my employer is uninsured in Florida?
Claims involving uninsured employers are often far more complicated than standard workers’ compensation cases. An attorney can:
- Determine whether your employer violated Florida law.
- Investigate available insurance coverage.
- Identify additional parties that may be responsible.
- Evaluate whether a lawsuit is appropriate.
- Pursue every available source of compensation on your behalf.
Having experienced legal representation can make a significant difference when navigating these complex claims.
Don’t let an uninsured employer prevent you from getting the compensation you deserve
Call 800-654-4659 to speak with our Florida workers’ compensation attorneys
If you’ve been injured on the job in Florida and discover your employer doesn’t have workers’ compensation insurance, you need experienced Florida workers’ compensation attorneys on your side.
Led by Partner Lance Avera, who is board certified in workers’ compensation law, our Florida workers’ compensation department has helped countless numbers of injured workers get the benefits they deserve.
Our team can investigate whether your employer was legally required to carry workers’ compensation insurance, explain your rights under Florida law, identify every available source of compensation, and determine whether you may have grounds to pursue a claim beyond traditional workers’ compensation benefits.
Contact us today through our online form or call 800-654-4659 to speak with one of our attorneys for free.