Roman Austin Personal Injury Lawyers | March 4, 2025 | Workers' Compensation
Florida requires most employers to purchase workers’ compensation insurance for their employees. Workers who are injured on the job can receive workers’ comp benefits. However, workers’ compensation laws exempt some businesses from the requirement. If your employer does not have workers’ compensation insurance, talk with a lawyer to determine if your employer is exempt.
Overview of Florida Requirements for Workers’ Compensation
Florida law requires that employers who meet any of the following criteria provide workers’ compensation insurance for their employees:
- Non-construction companies with at least four employees, either full or part-time
- Construction companies with at least one employee
- Agricultural businesses with at least six employees or 12 seasonal employees who work more than 30 days in a season, including farms
- Employees of state and local government
Some employers may be subject to exceptions to these rules. For example, officers of a corporation and members of an LLC can apply to exclude themselves from workers’ compensation.
However, the exemption does not apply to the company; it only applies to officers and members exempted from workers’ compensation. If the company has other employees, it may have to maintain workers’ compensation insurance for those employees.
Suing an Employer Who Does Not Have Workers’ Compensation Insurance Coverage in Florida
If injured on the job, workers are usually limited to workers’ compensation benefits. They cannot sue their employer if workers’ compensation insurance covers them.
If an employer requiring workers’ compensation insurance does not have coverage, the employee can sue the employer for damages. Different types of damages are allowed under personal injury laws than workers’ compensation laws.
For example, workers’ comp pays disability benefits if you cannot work during recovery. The amount is equal to 2/3 of your average weekly wages. However, you can recover all lost wages and benefits in a personal injury case. You may also recover other out-of-pocket expenses and economic damages that workers’ compensation would not reimburse.
Workers’ compensation does not pay for pain and suffering damages, which are non-economic damages available in a personal injury lawsuit. Examples include mental anguish, emotional distress, diminished quality of life, and physical pain.
A personal injury lawsuit may provide a higher amount for scarring, disfigurement, disability, and impairment. Permanent disability benefits are limited in workers’ compensation cases.
Another key difference between workers’ compensation and personal injury (tort) laws is the requirement to prove fault. Workers’ compensation is no-fault insurance. You do not need to prove your employer did something wrong to receive benefits. Additionally, you can be partially at fault for your injuries and receive full benefits.
To recover compensation for a personal injury claim, you must prove the other party caused your injuries. Thus, you would need to prove your employer was negligent; otherwise, you would not receive compensation for your damages.
Furthermore, if you are partially to blame for causing your work injury, Florida’s modified comparative fault law could reduce the amount you receive for damages. If you are 51% or more at fault, you may be barred from receiving compensation.
Suing an Employer for an Intentional Tort in Florida
Employees may have the right to sue their employer if their employer intentionally causes harm. However, the burden of proof lies with the employee. You must demonstrate that your employer knew, or reasonably should have known, that their actions posed a risk of injury but proceeded with the conduct anyway, despite the potential danger.
Steps to Take After a Workplace Accident in Florida
If you are injured at work, you need to take steps to protect your rights. Things to remember include:
- Report your injury or accident to your employer immediately. You have 30 days to report an injury or accident, but it is best to report it immediately.
- Take photographs of the accident scene, if possible. This step preserves evidence if you file a third-party claim.
- Seek prompt medical treatment for your injuries. Your employer should provide you with a list of approved medical providers.
- Follow the treatment plan. Failure to follow a treatment plan could jeopardize your benefits.
It is also wise to seek legal advice from an attorney. A workers’ comp lawyer can explain your rights and responsibilities regarding a workers’ compensation claim. These claims are usually fairly straightforward, but employers and insurance companies don’t always take them seriously.
Contact the Clearwater Workers’ Compensation Law Firm of Roman Austin Personal Injury Lawyers for Help Today
For more information, please contact the legal team of Roman Austin Personal Injury Lawyers for a free initial consultation with a workers’ compensation lawyer in Clearwater. We have convenient locations in Florida: St. Petersburg, Safety Harbor, Clearwater, New Port Richey, and Tampa.
We serve throughout Pinellas County, Hillsborough County, Pasco County, and its surrounding areas:
Roman Austin Personal Injury Lawyers – Clearwater Office
1811 N. Belcher Road, Suite I-1
Clearwater, FL 33765
(727) 787-2500
Roman Austin Personal Injury Lawyers – Congress Ave Office
2360 Congress Avenue
Clearwater, FL 33763
(727) 591-5610
Roman Austin Personal Injury Lawyers – Tampa Office
6601 Memorial Hwy Suite 202
Tampa, FL 33615
(813) 686-7588
Roman Austin Personal Injury Lawyers – New Port Richey Office
2515 Seven Springs Blvd.
New Port Richey, FL, 34655
(727) 815-8442
Roman Austin Personal Injury Lawyers – St. Petersburg Law Office
840 Beach Dr NE Suite 202
St. Petersburg, FL 33701
(727) 787-2500
Roman Austin Personal Injury Lawyers – Safety Harbor Law Office
202 9th Ave S Suite A-2
Safety Harbor, FL 34695
(727) 787-2500
