Articles Posted in Florida workers’ compensation

Florida workers’ comp benefits cannot be backdated in order to cover a previous work-related injury. That’s the recent ruling from Florida’s 1st District Court of Appeals, which held (unsurprisingly) that people who are uninsured can’t suffer a loss, scramble for insurance and then assume that cost will be covered.workers comp benefits

It’s not a stunning ruling by any means, given that this is generally the way insurance works – whether it’s workers’ comp benefits or car insurance or health insurance. You can’t be covered after the fact.

As noted by the Florida Division of Workers’ Compensation, pretty much all employers conducting work in the state of Florida are mandated to maintain workers’ compensation insurance for their employees, with specific requirements dictated by type of industry, organization structure and number of workers. Companies do not need to pay insurance for workers’ comp benefits for those who are independent contractors as opposed to employees, but employee misclassification is a serious problem in Florida employment law. Some companies have been caught skirting their obligations by wrongly classifying workers as independent contractors to avoid paying workers’ compensation insurance. If a work injury or illness occurs in this scenario, that injury won’t be covered by insurance, but the worker will have the right to sue the employer for negligence and obtain compensation far in excess of what would have been paid in Florida workers’ comp benefits.  Continue reading ›

Florida construction workers are either business owners or employees, and most all are required to secure workers’ compensation, which covers benefits for job-related employee injuries. Up to three officers in a single business corporation can obtain a Florida workers’ compensation exemption. However, it’s not allowed for construction businesses that are simply looking to for a way around paying workers’ compensation insurance premiums. More often than not, that’s the case, though our Miami workers’ compensation attorneys have found in these cases, it’s more likely the employer failed to file for a Florida workers’ compensation exemption at all. Florida workers' compensation exemption

Furthermore, even when a company files for Florida workers’ compensation exemption, it does not exempt them from liability under the state’s workers’ comp laws. First of all, as noted by the Florida Office of Insurance Regulation, the state requires all employer/ businesses to purchase workers’ compensation coverage with very few exceptions and stipulates workers’ compensation is the sole remedy for employees who have suffered a work-related injury. In turn, these businesses become immune from most injury lawsuits employees might otherwise be entitled to bring. Workers’ compensation covers benefits like medical expenses, disability and death.

Although the law requires most non-construction industry businesses to secure workers’ compensation if they have four or more employees – including those who work part-time. In the construction industry, you must secure workers’ compensation insurance if you have one or more employees. As our Miami workers’ compensation attorneys can explain, this is due to the fact construction work is well-established to be incredibly risky, and on-the-job injuries tend to be more common than in other professions. The likelihood one will need to claim workers’ compensation is higher. Continue reading ›

Workers in retail stores in South Florida face high rates of injury, especially during this time of the year where shoppers are facing holiday sales events, the infamous “Black Friday” and others. Although retail employees do not work with heavy equipment, in recent years the injury rates of retail employees is on a par with the injury rate of employees in the construction industry.

Unfortunately, at this time of year in South Florida , retail workers may be especially at risk at this time of the year for several reasons. Firstly, during the holiday season, stores employ seasonal/temporary workers, and this may mean that they are less accustomed to the hazards of the workplace and have much less training and experience than long-term employees. Since this is the busiest season for sales, workers are also more likely to deal with large crowds, aggressive buyers, and longer hours.  The longer hours can lead to fatigue at work which inevitably leads to higher risk for injury.

The crowds during Holiday sales in South Florida are a huge concern for employees in retail stores, especially “big box” retailers that hold some of their biggest sales of the year. For example, “Black Friday” sales and additional holiday sales during the latter part of the year are designed to attract considerable crowds. In some stores, customers line up outside stores for hours before opening and then rush in once the doors open.  These holiday sales have the potential to create many types of injuries including:

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