Is My Employer Required to Have Workers’ Compensation Insurance?

February 18, 2019 – Lyle B. Masnikoff

Am I covered?

Injured workers routinely ask the question,  “Am I covered by my employer’s policy?”  Although there is no absolute requirement for all employers to carry workers’ compensation coverage, a large number of employers are required to have coverage.

Coverage Requirements

Coverage requirements are specific to the industry.  Generally, the State of Florida has required employers with four (4) or more employees (regardless of full-time or part-time) to provide workers’ comp coverage to all employees.  Some employers often present false coverage requirements to its employees in the hopes of preventing them from filing claims.

Construction Industry

The construction industry can include some of the most threatening lines of work, thus the appropriate coverage can be crucial. Many construction workers often question their eligibility to receive workers’ comp benefits.   Being a construction worker does not disqualify you from receiving benefits. In fact, employers in the construction industry are required to carry workers’ comp coverage.

General contractors are also required to ensure that their sub-contractors carry coverage for workers. However, some General Contractors do not verify the required coverage. If this is the case, General Contractors may be left on the hook for providing benefits related to the work injury.

What happens if my Employer does not have Workers’ Comp Coverage?

If you are injured on the job, and your employer lacks Workers’ Comp coverage, there may still be options available to you. Uninsured employers are not off the hook if they fail to provide coverage.  Injured workers may have the option of filing a civil suit against uninsured employers.  If employers are required to carry coverage, and they chose not to do so, criminal penalties can be imposed.

This can be a tricky concept, thus the advice from an experienced Attorney can make all the difference. Throughout Mr. Masnikoff’s twenty-year career, he has represented numerous injured workers. If you are unsure if your employer is required to carry workers’ compensation insurance, or if you have questions regarding your eligibility to receive benefits, we would love to discuss your case and explain all of your available options. Please give us a call at (772) 461-9181(772) 461-9181 or visit our website.

Lyle Masnikoff & Associates, P.A.
1645 Palm Beach Lakes Blvd #550
West Palm Beach, FL 33401

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