When would an employee not be covered by workers’ compensation in Florida?

While most employees in the State of Florida are covered by workers’ compensation insurance, meaning they can access medical and cash benefits if they were to suffer an injury or illness from working, there are times when benefits may not be available. Below is a brief outline of a few instances where an employee in Florida may not be able to recover benefits under workers’ compensation if they were to suffer an injury or illness at work.


  1. The employee signed a form that waives their right to coverage.

During the hiring process, employees are often asked to fill out various forms. Some employers, depending on the field, may throw in a form that asks an employee to waive their right to obtain workers’ compensation benefits. If an employee signed this form but suffered an injury at work, instead of assuming that they can’t file a claim, they should instead schedule a consultation with a Miami, FL workers’ compensation lawyer.

A workers’ comp lawyer will be able to determine if the employer was legally permitted to have them sign this form as well as decide if the employee is entitled to benefits.


  1. The employee reports their injury or illness to their employer after 30 has passed.

According to the Florida Division of Workers’ Compensation, employees are expected to report their injury or illness to their employer within 30 days after their incident occurred or illness became known. If an employee fails to report their injury or illness within 30 days, they risk having their claim denied.

If an employee recently learned that their workers’ compensation claim was denied by their employer’s insurer, they can contact Mario Trespalacios P.A. to find out if the insurer was wrong in denying their claim.


  1. The individual who was hired to perform a job was an independent contractor.

Generally, independent contractors are not covered by an employer’s workers’ compensation insurance. For example, if an individual was hired to complete a two-week job and they suffered an injury while working, they likely won’t be able to file a workers’ compensation claim. However, if their accident was caused by someone else’s negligence, they may then have the grounds to file a civil lawsuit against the party who was responsible for their accident.


Mario Trespalacios P.A. Can Determine if an Employee in Miami is Entitled to Receive Workers’ Compensation Benefits


If an employee was informed that their work-related injury or illness is not covered by workers’ compensation insurance, they can always contact Mario Trespalacios P.A. to confirm if the information they received is accurate. The Miami, FL workers’ compensation lawyers at Mario Trespalacios P.A. would be happy to review the terms of their employment and decide if benefits should be provided to them.


Mario Trespalacios P.A. can be contacted at:


9495 SW 72 Street, Suite B-275

Miami, FL 33173

Phone: 305-261-5800

Website: www.mtpalegal.com

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