Can I Pursue Compensation If My Employer Doesn’t Have Workers’ Comp Insurance?

Most employers are required to carry workers’ compensation insurance. They do so to provide financial protection for employees who are injured on the job, yet some employers don’t fulfill this requirement. This can leave injured workers unsure of their options.

Should a Clearwater, Hudson, or Tampa work injury saddle you with income loss and medical bills, recognize that you have pathways to pursue compensation whether your employer has workers’ compensation insurance or not. An injury lawyer can help you secure the support you deserve.

Filing a Lawsuit Against Your Employer

First, it’s essential to know that in Florida all employers with four or more employees must have workers’ compensation insurance. This requirement is stricter for employers in the construction industry, who must provide coverage for any number of employees. When an employer fails to meet these requirements, they are violating state laws.

If your employer tells you they do not have workers’ compensation insurance following a work-related injury or illness, you may have grounds to file a personal injury lawsuit. Unlike workers’ comp claims, which are generally no-fault, a lawsuit requires showing that your employer was negligent. Also, that their negligence directly contributed to your injury.

Recovering damages beyond what workers’ comp typically provides, such as compensation for pain and suffering, emotional distress, and full lost wages will be possible if a lawsuit is successful. This can be an advantageous option for hurt employees but requires strong evidence and legal expertise.

Pursuing a Claim Through Florida’s Uninsured Employers Fund

Because Florida has an Uninsured Employers Fund (UEF), this could be worth exploring for financial relief as well. The UEF helps cover the cost of medical treatment and partial wage replacement for injured workers who would otherwise be left with no financial support. Accessing this support requires proving your employer’s lack of coverage and meeting specific eligibility criteria.

While UEF is a valuable option, its benefits are typically more limited than those provided by regular workers’ compensation insurance. For this reason, some injured workers file lawsuits in conjunction with a UEF claim.

A Florida personal injury lawyer experienced in workers’ compensation and personal injury cases can help in the following ways.

• Evaluate your case. An injury lawyer can assess the circumstances of your injury and determine the best course of action, whether that’s a lawsuit, a claim through the UEF, or a combination of both.
• File paperwork and gather evidence. Your lawyer will handle all aspects of filing a claim, including gathering evidence of your injury, documenting the absence of insurance, and proving negligence if a lawsuit is necessary.
• Negotiate and advocate. An attorney will negotiate with your employer or any involved parties to seek a fair settlement. If your case goes to court, they will represent you and advocate for maximum compensation.

Are you healing from a work injury and your manager told you that the workplace is uninsured? Explore your recovery options, have a conversation with the attorneys at Roman & Roman, lawyers with over 100 years of combined experience. Schedule a confidential consultation today.

Although the law firm of Roman & Roman has offices in Clearwater, Hudson and Tampa, we handle cases and claims throughout  Florida. We also meet personally with our clients if at all possible, rather than impersonally over the phone or on the Internet.