Are Residential Workers Entitled To Workers’ Compensation Benefits In Florida?
If you are a residential worker who has been injured while doing your job, you might wonder, “Am I entitled to workers’ compensation benefits?” The answer depends on the circumstances of your case.
Contact a Tampa workers’ compensation attorney if you sustained injuries while doing work for another person. Our lawyer at Kobal Law will evaluate your situation to determine if you are eligible for workers’ compensation.
Are All Workers Covered by Workers’ Compensation Insurance in Florida?
No. Florida’s workers’ comp laws do not cover all workers who perform any kind of work for compensation. Under Fla. Stat. § 440.02, workers’ compensation insurance only covers those who are classified as “employees.”
Under Florida law, employers are required to carry workers’ compensation insurance if they have four or more employees. The only exception applies to employers in the construction industry, where companies must have workers’ compensation insurance if they have at least one employee.
Is a Residential Worker Considered an Employee?
According to the legal definition under Florida’s workers’ compensation law, you are considered an “employee” if you are:
- A full-time worker
- A part-time worker
- An employee under an employment contract (verbal or written)
In most cases, residential workers are not considered employees and are not eligible for workers’ compensation benefits in Florida. It is not uncommon for homeowners to hire individuals to:
- Help them with household chores
- Perform repairs around the house
- Take care of the kids
- Do yard work
Those individuals are considered residential workers but are not classified as “employees” for the purpose of Florida’s workers’ compensation law. But what happens if a residential worker is injured while working? Does it mean they cannot seek compensation for their injuries and damages?
How Can Residential Workers Get Compensated for Their Injuries at Work?
In Florida, you are not eligible to receive workers’ compensation benefits if you are:
- An independent contractor
- A residential or domestic worker in a private home
- A volunteer
- A worker engaged in casual labor on behalf of the employer
Just because residential workers are not eligible for workers’ compensation benefits in Florida, it does not mean that they cannot get compensated for their on-the-job injury.
If you are injured while working on someone else’s private property, you may be able to file a claim against their homeowners’ insurance policy. However, each situation is different. You should speak with an attorney to determine if you can pursue a workers’ compensation or homeowners’ insurance claim in your particular case.
Under certain circumstances, a residential worker may be classified as an employee to be eligible for workers’ compensation benefits. In those cases, seeking compensation will be a much more straightforward process.
It is not uncommon for employers to misclassify their workers as “independent workers” so that they do not have to pay workers’ compensation benefits. If that’s the case, your attorney will be able to prove that you are eligible for benefits to pursue the compensation to which you are entitled.
Consult with a Tampa Workers’ Compensation Attorney
Schedule a consultation with our experienced and knowledgeable attorney at Kobal Law if you are a residential worker who has been injured at work. Our lawyers may be able to help you recover damages in your situation. Call 813-873-2440 for a case review.
Resource:
leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0440/Sections/0440.02.html
