Legal Question in Workers Comp in Florida

I was in a car accident while on the clock for a small business. The owner of the company said he would pay for the hospital bills and medical care out of pocket because they don't have workmen's comp. (they have 11 employees in Florida)but not for the damage to my vehicle. Now my insurance company says the employer has declined to pay for the medical coverage as well as the auto damage. Because I was on the clock for the company making a delivery shouldn't my employer be responsible for my medical bills? Shouldn't they have Workers Comp because they have more than 4 employees in the state of Florida?


Asked on 8/10/12, 7:54 am

1 Answer from Attorneys

Cory Schnepper Levine, Busch & Schnepper, P.A.

An employer in the State of Florida, with more than 4 employees (as they are defined under the law), is obligated to have workers' compensation coverage. They must be employees, and not independant contractors, or exempt employees - which, from your question, I am unable to determine with any specificity. If there are truly 11 employees in Florida, your employer is supposed to have coverage, which would cover your medical expenses, if you were injured on the job. It would not cover property damage to your car, however. In order to make sure if there was proper coverage under Florida law, I would suggest you consult with an attorney who is an expert in Florida Workers' Compensation laws. He can confirm if there really was coverage or not, as sometimes employers do not admit there is coverage,to avoid having to make a claim. If there is no compensation coverage, the attorney can detail what other options you might have to pay the medical bills, PIP being one other option you might have. What other options may be available, require a more extensive interview with you, to see what, if anything, else could be done for you.

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Answered on 8/10/12, 1:56 pm


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