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Tampa Workers' Compensation Attorney / Blog / Workers Compensation / What Happens If Your Employer Does Not Have Workers’ Compensation Insurance In Florida?

What Happens If Your Employer Does Not Have Workers’ Compensation Insurance In Florida?

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Florida law requires employers to carry workers’ compensation insurance. Unfortunately, just because workers’ compensation insurance is mandatory for most employers in Florida does not mean that all of them comply with the state law.

If you get injured at work and your employer does not carry workers’ comp insurance, you will have a hard time obtaining the benefits to which you are entitled. That is why it is vital to contact a Tampa workers’ compensation attorney if you have been injured on the job and your employer does not have insurance to cover your losses.

Who is Required to Carry Workers’ Compensation Insurance in Florida?

Under Florida law, workers’ compensation insurance is required for the following categories of employers:

  1. Employers in the construction industry must carry workers’ comp insurance if they have at least one employee, including the owner of the company;
  2. Employers in non-construction industries must purchase the insurance if they have four or more employees, including the owner.

If you are not sure whether or not your employer is legally required to carry workers’ compensation insurance, consult with a knowledgeable attorney.

What to Do if Your Florida Employer Does Not Have Workers’ Comp Insurance

When you suffer an injury at work, the first thing you should do is notify your employer and verify that your employer has workers’ comp insurance. If your employer has the necessary workers’ comp insurance coverage, you will have to follow the claims process by bringing a claim with your employer’s insurance provider.

However, you may not be able to pursue the benefits to which you are entitled if your employer does not have workers’ compensation insurance. First of all, failure to have state-required workers’ compensation insurance is a violation of Florida law.

Contrary to popular belief, just because your employer does not carry workers’ compensation insurance does not mean that you cannot receive compensation for your injuries and losses. In most cases, it means that you will have to bring a personal injury lawsuit against your employer to obtain compensation for your damages and losses.

How to Win a Personal Injury Case Against Your Employer in Florida

If your employer does not have workers’ compensation insurance, you should not hesitate to file a lawsuit against your employer. Delaying legal action against your employer will jeopardize your chances of success, which is why it is essential to contact a skilled lawyer to help you with your claim.

It is advisable to hire a knowledgeable attorney to help you win your personal injury lawsuit against your employer. Your lawyer will help you strengthen your case and ensure that you are fairly compensated for your work-related injury or occupational disease.

Take the following steps to improve your chances of success and win your personal injury lawsuit against your employer:

  • Keep your medical records related to your work-related injury or illness
  • Take photos at the scene of the accident
  • Talk to witnesses, including your coworkers and customers who saw what happened
  • Keep a pain journal after sustaining your injury
  • Track your time away from work

If you have been injured at work and learned that your employer does not have workers’ compensation insurance, do not hesitate to speak with a lawyer. Let our Tampa workers’ compensation lawyer Jason Kobal help you seek maximum compensation for your injury-related damages and losses. Call 813-873-2440.

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