My Employer Does Not Have Workers’ Compensation: What Can I Do?

If you were injured on the job in West Palm Beach and you have learned that your employer does not have workers’ compensation coverage, it is important to know your rights under Florida workers’ compensation law. Depending upon the circumstances of the case, you could be eligible to file a lawsuit against the employer in order to seek financial compensation, which ultimately may result in a larger damages award than you would have received from a workers’ compensation claim. However, our South Florida workers’ compensation attorneys know how stressful it can be to get hurt on the job and to be unsure about whether you will be eligible for medical coverage and wage replacement benefits.

The following are steps you should take if you believe your employer does not have workers’ compensation coverage, or if your employer has informed you that there is no workers’ compensation coverage available to you.

1. Determine Whether or Not Your Employer is Required to Have Workers’ Compensation Coverage

First, it will be critical to determine whether your employer is required to have workers’ compensation coverage. Most employers are required to have coverage, but specific requirements are based on the size of the employer and the type of industry. Construction employers, for example, must have workers’ compensation coverage if they employ even one employee, while employers in non-construction industries are generally required to have coverage if they employ four or more workers.

2. Document the Accident and Injury

It is important to document a workplace accident and injury under any circumstances, but it will be particularly critical to document everything if you have concerns that your employer does not have workers’ compensation coverage. You should take photographs at the scene of the workplace accident if you can, and you should take notes about any details you remember about the accident and injury. You should also note the names of witnesses who may

3. Be Sure to Follow All Steps for Seeking Workers’ Compensation Coverage

Even if you believe your employer does not have workers’ compensation, it is important to go through the required steps of seeking compensation. Namely, you should be sure to go through the process of reporting your injury to your employer within 30 days from the date of the injury, and you should seek medical attention to ensure that you have medical documentation to support your claim. If you ultimately must file a lawsuit against an employer that is required to have workers’ compensation but does not, having clear medical documentation will be essential.

Contact a West Palm Beach Workers’ Compensation Attorney

If you were injured on the job but have concerns about whether your employer has workers’ compensation coverage, one of our experienced West Palm Beach workers’ compensation lawyers is here to help. We can determine whether your employer is in violation of Florida workers’ compensation law by failing to have workers’ compensation, and we can provide you with more information about your options for seeking financial compensation. Our attorneys know how important it is to obtain compensation for your losses. Contact the Law Offices of David M. Benenfeld, P.A. for more information.