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Workers' Compensation Qualifications

You could be entitled to workers’ compensation benefits for being hurt on the job. Workers’ compensation is an insurance program required by state law to pay workers who are hurt in work-related injuries or illnesses to cover the costs of medical bills no matter who was at-fault. In exchange for the ease of filing such claims by injured employees, these workers lose the right to sue employers for the injury.

There are certain requirements you must meet to qualify for workers’ compensation. The first being that your employer needs to have workers’ compensation coverage and in Florida there are specific criteria that determines when an employer needs coverage. It is the employer’s responsibility to offer workers’ compensation coverage to their employees if they meet certain criteria. Some employers try to circumvent or around the law by playing with your employment classification as a sub-contractor or part time status instead of following Florida law to avoid have to pay for workers’ compensation insurance.

The second qualification is that you must be an official employee and not an independent contractor to be eligible for benefits. Freelance writers or computer consultants do not meet this requirement, for example. However, if you are being denied compensation because the employer claims you are an independent contractor you should consider retaining an attorney.

Finally, your injury or illness must be work-related. For an injury to be “work-related” it needs to be the result of an act done for the benefit of your employer. Common injuries on the work-site include lower back injuries or carpal tunnel. A workers’ compensation attorney can help you in cases that are more difficult to decipher such as being hurt on a lunch break or other injuries not on the job site.

If you meet these requirements, and your employer or workers’ compensation provider denies your claim, you should reach out to our Fort Lauderdale workers’ compensation lawyer to uphold your rights.