Can I be exempt from workers' comp in Florida?
If you work in a job that is especially dangerous or has high risk of injury, your employer might offer you the option of opting out of workers’ compensation coverage.
This may sound like it gives you more control over your own financial future, but in many cases it’s simply a sneaky way for employers to avoid paying benefits for injuries sustained on the job.
In almost every state, businesses are required to offer their employees some kind of workers’ comp insurance policy.
These programs are designed to pay damages for any injured employee who can prove they suffered an occupational accident while working for that company. Because of this, businesses may try to convince their employees that they won’t be eligible for benefits if they opt out and instead sign up with a private company offering what’s called “alternative workplace compensation” (or something similar).
These policies tend to have high premiums and low payout limits.
They also usually require employees to pay deductibles as well as covering some portion of medical bills themselves. In other words, these plans offer less financial security than traditional workers’ comp coverage.
If you aren’t comfortable with those risks and aren’t sure if there are any disadvantages to not signing up for workers’ comp, keep reading.
Here are some answers regarding whether or not you can opt out of workers’ comp in Florida and how that affects your rights in the event of an accident at work.
What happens if I opt out of workers’ comp?
Technically, nothing.
You won’t be covered by any workers’ comp policy, but you still won’t be able to file a claim against your employer or their insurance. Because you’re no longer a member of their workers’ comp plan, your employer can simply claim you were never injured on the job, no matter what the doctor’s diagnosis says.
Because your employer has complete control over the situation, you’ll have a hard time proving that you were injured.
If you sign a contract agreeing to forgo workers’ comp coverage, you’ll have a tough time winning your case in court. Your employer can simply deny that there was any injury and the judge will have no other option but to side with them.
What Happens If I Don’t Have Workers’ Compensation Coverage?
Unfortunately, if you don’t have workers’ comp coverage, you may not receive any financial support at all if you’re injured on the job.
Your employer can simply deny that the accident ever occurred and, without workers’ comp, you’ll have no recourse to prove that it did.
Because your employer isn’t required to carry workers’ comp insurance, they don’t have to pay into the state fund that pays out claims to injured workers with coverage.
This means you won’t have any way to prove how your injury happened, who is responsible for it, or how much you should be paid in damages.
Your employer can simply deny that you were injured at all and you’ll have no way to prove otherwise.
Can I Be Exempt from Florida Workers’ Compensation?
Maybe.
Certain occupations don’t require workers’ comp coverage.
If you work in any of those fields, you can be exempted from the policy. If you’re not sure if the job you have is on the list, you can check the Florida Department of Financial Services website and do a search for “workers’ comp.”
If you don’t see your occupation listed as an exemption, you’re required to have coverage.
If your employer offers you the option of being exempt from workers’ comp, they’re probably trying to save money rather than provide you with better benefits. You can try to negotiate with your employer and see if they’ll provide better benefits and coverage if you stay on the workers’ comp plan.
If it’s clear they just want to save money and aren’t concerned with your well-being, you may want to look into hiring a Florida workers compensation lawyer and seeking legal advice on how to proceed.
What Is Workers’ Comp and Why Is It Important?
Workers’ comp is a mandatory state-run insurance policy most employers must carry.
When an employee is injured, workers’ comp will pay all reasonable medical expenses and a percentage of lost wages. It also covers death benefits for the family of an employee who dies on the job.
People who don’t have workers’ comp coverage may have to pay for medical treatment themselves. If they don’t have money saved to pay for doctor’s bills, they may not be able to get treatment at all and the injury may become worse.
If you don’t have workers’ comp and you’re injured on the job, you have no way of proving who caused your injury or how it happened.
In the best-case scenario, this leads to a drawn-out court battle where you have to prove you were injured. In the worst-case scenario, you never get the treatment you need and your injury gets worse or becomes permanent.
How Do I File a Workers’ Comp Claim in Florida?
If you’ve been injured on the job in Florida, you’re entitled to file a claim with the Florida Division of Workers’ Compensation.
You can do this either online or over the phone. Once you file a claim, the state will assign you a personal claims representative who will help you navigate the process and provide updates about your claim.
Once you file your claim, you have one year to either settle the claim or go to trial. If you miss the one-year mark, your claim will be denied. If you don’t have workers’ comp, the burden of proof falls on you to prove that you were injured on the job.
Your employer will be required to provide proof that they are not at fault for your accident.
Can Employers Offer Better Coverage If I Don’t Opt Out of Workers’ Comp?
Absolutely.
If you’re offered workers’ comp coverage and your employer wants you to sign up, they have to provide you with better benefits than if you opted out and signed up for an alternative workplace compensation policy.
If you don’t opt out, you’re entitled to certain minimum benefits that your employer must provide.
If your employer offers better coverage and you still want to opt out of workers’ comp, they must sign you up for their policy instead.
If you’ve been injured at work and are unsure whether you should sign up for workers’ comp coverage, try to speak with your employer to discuss your options.
In many cases, workers’ comp is a great deal that protects both you and your employer.
If your employer tries to push you towards an alternative compensation plan instead, be cautious and try to learn as much as you can about the policy they want you to sign. If you have any questions, don’t be afraid to ask for clarification.
Protecting your right to fair compensation is crucial to ensuring you don’t get left behind if you’re injured on the job.
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