Worker's Compensation Attorneys in JacksonvilleAs an employee, you have the right to a safe and healthy workplace, risk- free of injury or even death. If you have suffered an injury on the job, it is imperative that you are aware of the benefits you may be eligible for under your employer’s workers' compensation insurance coverage. All on the job injuries are subject to workers compensation claims, assuming the employer is required to carry workers compensation insurance. Generally, Florida law requires employers to carry workers' compensation insurance coverage. If you are injured on the job, your employer should give you a workers' compensation claim to complete and submit. You will generally be entitled to have your job-related medical expenses and a portion of your wage loss paid by the Workers Compensation carrier, even if there is no “fault” on the part of your employer or co-employee that caused your injuries.Who is required by law to carry Workers Comp Insurance?In the State of Florida workers compensation requirements are based on the type of industry, number of employees and entity organization. According to the Florida’s Division of Workers' Compensation, Bureau of Compliance, the following rules apply.
Third Party IssuesNegligence on the part of the employer does not need to be established in a Workers’ Compensation claim, but allowable damages are severely limited by law. In addition, those on the job injuries caused by the negligence of a third party (not the employer or co-employee) also give rise to a third-party negligence claim. If negligence can be proven, there are a full array of available damages such as pain and suffering and mental anguish which are not recoverable in a workers’ compensation claim.
- Non-Construction Industry Requirements- 4 employees or more including the owner of the business who are corporate officers or LLC members. Sole proprietors or partners in a Partnership are not considered employees unless they want to be included on the business’s Workers’ Comp policy.
- Construction Industry Requirements- 1 employee or more, which also includes the owner of the business who are corporate officers or LLC members.
- Agricultural Industry Requirements- 6 employees and/or 12 seasonal employees working more than 30 days a season but not more than 45 days in a calendar year.
- Contractors are required to verify all sub-contractors meet Florida Workers’ Comp requirements before work can begin. If the sub-contractor hired does not have Workers’ Comp coverage their employees will be covered by the contractor’s policy.
- All Out-of-State-Employers- required to obtain Florida Workers’ Compensation Insurance unless their home state’s policy has an extraterritorial reciprocity clause allowing their employees temporary coverage.
Sometimes legitimate workers' compensation claims are denied by aggressive compensation carriers. An insurer can claim you haven't been injured or that the injury you have sustained does not qualify for workers' compensation benefits. If this is the case, you may stand to lose critical benefits, such as current and future medical coverage, financial help and job retraining. At Wood, Atter & Wolf, P.A., we have extensive experience fighting for the rights of our clients when insurance companies unjustly try to limit their exposure by denying claims or severely limiting their reward.
If you feel your benefits have been denied and you live in the Northeast Florida area, including Jacksonville, Orange Park, St. Augustine, Fernandina Beach or in the areas around Duval, St. Johns, Nassau, and Clay counties, we can assist you through the process. Michael Atter and David Wolf of Wood, Atter & Wolf, P.A. are experienced Personal Injury Attorneys ready to assist you.
Call Us at (904) 355-8888 or Contact Us Online for a FREE consultation.