Legal Question in Workers Comp in Florida

Re: employer refuses to provide workers comp

An employer with 4 employees or less does not have to carry workers' compensation insurance, as a general rule. There are exceptions to the rule, especially in the construction industry. However, when an employer does have workers' compensation insurance, they are exposing themselves to tremendous liability for negligence or unsafe workplace accidents. They do not enjoy workers' compensation immunity, which means an injured worker can sue the employer in tort for simple negligence, and the Employer may not be able to assert defenses to the same. To make an informed decision as to how it may affect the Employer, the employer should consult legal counsel prior to making a decision to forego workers' compensation coverage. As it pertains to an injured worker who is injured in the course and scope of his/her employment with an uninsured employer, he/she should consult a qualified workers' compensation attorney immediately to discuss specific remedies he/she may have.