Just because you have a job in Orlando Florida does not mean that you are eligible for Florida’s workers’ compensation benefits. Likewise, if you are an employer in Orlando Florida, it does not imply that are you required to carry the workers compensation insurance for your employees.
There is an eligibility criteria for both employers and employees in order qualify for the workers’ compensation benefit policy. While a workers’ compensation attorney is the best person to tell you if you are entitled to receive the benefits, following is a brief guide on the general eligibility criterion of workers’ compensation benefits in Orlando Florida.
If You Are an Employer in Orlando Florida…
If you are an employer in Orlando Florida and have four or more employees working under you, the Florida law requires you to carry the worker’s compensation insurance. If you are operating in the construction industry, then you are required to carry the workers’ compensation insurance even if there is only one employee working under you.
If You Are an Employee in Orlando Florida…
If you are an employee in a company where at least three other employees are working other than you and you have not received your workers’ compensation benefits, you have the right to report it to the concerned authorities. However before you walk up to the authorities, it is important to know whether you actually are eligible for the workers’ compensation benefits.
You are eligible to receive the worker’s compensation benefits if,
- You are under verbal/written appointment or contract
- You are a full time worker
- You are a part time worker
- You are a minor, employed
- If you are prisoner on a work release program
You are not eligible to receive the worker’s compensation benefits in Orlando Florida if,
- You are independent contractor/vendor
- You are a professional athlete
- You are a domestic worker, maid or nanny
- You are a volunteer employee
- You are a casual labor (Casual labor means a person hired for a specific job for less than 10 days)
You can still receive the workers compensation benefits if you are not eligible, but if the employer willingly and voluntarily provides the workers’ compensation insurance for you.
Moreover there are two important conditions that need to be valid in order for you to claim for the workers’ compensation benefits.
- Your injury should have occurred during the course of your employment.
- Your injury or disease should have occurred due to any work-related activity.
If you are hurt while you are out of town for some work related purpose, your injury is covered. However, if you are injured while you are out for personal reasons or leisure, it may not be covered under the workers’ compensation benefits in Orlando Florida.
One should always stay informed about their rights. Consult a good workers’ compensation attorney in Orlando Florida and know your legal rights as an employee.
