It comes as a surprise to most clients we meet with that not everybody in the U.S. is eligible for workers compensation. The way people talk about it makes it seem like it’s almost a guarantee that you’ll be taken care of if you get hurt on the job. For the most part, this is true. However, there are certain categories of workers who aren’t covered by workers compensation. There are also times when a qualified employee is denied workers comp benefits. Here, we’ll talk about which employees aren’t covered by workers compensation. We’ll also discuss what criteria you must meet in order to qualify for workers compensation. Either way, your Orlando workers comp lawyer will be there to help along the way.
We suggest that you contact one of our workers compensation attorneys in Florida as soon as possible after your workplace accident. This way, you’ll know how best to proceed. And, since we offer new clients a free consultation, you have nothing to lose.
Generally, Almost All Employees are Eligible for Workers Compensation
Usually, any employee who works in the state of Florida is eligible for workers compensation. As we will discuss below, there are certain categories of workers who are not entitled to receive workers comp benefits. But these are very specific categories, so those cases are few and far between. Even if you haven’t worked for a company for very long, you would still be eligible for workers compensation benefits. This is true for part time employees just as much as it’s true for full time employees.
However, there are times when a company declares certain workers as being non- employees. For example, if you are classified as a consultant, you will not be able to apply for workers compensation. The same thing is true for anybody who is identified as an independent contractor. This is because consultants and independent contractors are not legally classified as employees for purposes of workers compensation. As long as you don’t fit into either of these categories, and you qualify for workers compensation by meeting all the necessary criteria, your claim should be approved.
However, There are Categories of Workers Who Cannot Collect Benefits
In addition to independent contractors and consultants, there are entire groups of workers in Florida who are not eligible for workers compensation. Even if you hire the best Orlando workers comp lawyer, they will not be able to get you approved for workers comp benefits. These categories are the same whether you’re in Florida or almost any other of the 50 states. These categories include the following:
- Federal employees-people who work for the federal government have their own program under which they can apply for short term benefits and medical coverage.
- Railroad workers-the same is true for railroad workers as it is for federal employees. There are special union benefits available to railroad workers that should take care of them if they get injured on the job.
- Domestic servants-this would include people like nannies, housekeepers, and all pairs. Employees who fall into these categories are not entitled to any special benefits under any state or federal programs.
- Seasonal and casual workers-if you’re only hired to work for a short period of time, such as for the holidays, you are considered a temporary worker and will not be able to collect workers comp benefits.
- Agricultural workers – if you happen to work for a farm or other agricultural organization, you are not eligible for workers compensation.
If you don’t fall into any of these categories and your claim was still denied, it’s a good idea to reach out to a workers compensation attorney in Florida sooner rather than later.
An Orlando Workers Comp Lawyer May Be Able to Help
If you are told that your workers compensation claim has been denied because you are not legally an employee, you should call and see if an Orlando workers comp lawyer can help you. The first thing we’ll do is look to see if you have been improperly classified. Another thing your attorney can look for is to see if the company you worked for has historically paid workers compensation benefits to other workers in the position similar to your own. While there’s no guarantee that this will work, it will at least give you a better chance of receiving workers compensation benefits.
If your workers compensation attorney in Florida confirms that there’s no way you’ll qualify for workers comp benefits, they can always help you file a lawsuit against your employer. If your employer wants to insist that you are not an employee, then they cannot prohibit you from filing a personal injury lawsuit against them. As part of your personal injury suit, your Orlando workers comp lawyer will have to demonstrate your employer was negligent in some way. But this gives you a chance to collect benefits. And the damages you would be entitled to under personal injury or a lot more generous than they are under workers compensation.
Your Best Option is to Hire a Workers Compensation Attorney in Florida
Most people assume that, if they get hurt on the job, they’ll be protected by workers compensation. Unfortunately, it doesn’t always work that way. There are times when an employee isn’t eligible for workers compensation benefits. There are other times when you should’ve been eligible, but your employer denied your claim. When anything like this happens to you, it’s a good idea to talk to a workers compensation attorney in Florida. Our attorneys meet with new clients every week who are in the same boat that you’re in. It can be both frustrating and infuriating to find out that nobody has your back at a time like this. The good news is that your Orland workers comp lawyer will have your back and will fight to make sure you are taken care of.
We offer all new clients a free, initial consultation. This gives our workers compensation attorneys in Florida a chance to see if your case has merit. It also gives you a chance to ask any questions you may have about your own case. If you decide you wish to proceed with legal action, our office may be able to represent you. Since your initial consultation with is free, you have nothing to lose.