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So You’ve Been Injured at Work. What Happens if Your Employer Doesn’t Have Workers’ Compensation Insurance?


At the end of last month, twenty unlicensed contractors were arrested in Pasco County as a result of “Operation Hot Water,” a workers’ compensation insurance fraud sting operation, according to a statement from Florida Chief Financial Officer (CFO) Jimmy Patronis. The contractors were arrested for failure to obtain workers’ compensation insurance coverage and contracting without a license in a joint sting operation between the Pasco County Sheriff’s Office, CFO Patronis’ Bureau of Insurance Fraud, Department of Business and Professional Regulation (DBPR) and the Pasco County Building Department. If convicted, each individual faces up to five years of prison per count.

Unfortunately, many Americans have been blind sighted in situations where they were injured on the job and then found out that their employer did not have the insurance required by law. The experienced workers’ compensation attorneys at Payer & Associates understand that the process of obtaining compensation after an injury on the job can be overwhelming and have helped many people in similar situations. One of the first calls you should make after incurring an injury at work is to an experienced attorney who can help you navigate through the journey ahead.

What is Workers’ Compensation?

Workers’ compensation is a form of insurance that Florida law requires most employers to carry that is intended to offer support to employees that are accidentally injured on the job until they can get back to work.

Why Is Workers’ Compensation Important?

It is an important way to protect not only the injured party, but also protecting the family members who rely on the income brought in to keep the household running. Workers’ compensation also helps injured workers get the medical care as they recover at no cost to them.

What Is the Law Regarding Workers’ Compensation Insurance in Florida?

Under Florida law, an employer is required to carry workers’ compensation insurance if:

  • The employer has a non-construction business with 4 or more full-time or part-time employees, not including corporate officers who have correctly filed exemptions with the state.
  • The employer has a construction business with 1 or more employees, not including corporate officers who have correctly filed for exemptions with the state.
  • The employer is a farmer who has more than 5 regular employees and/or has at least 12 other workers for seasonal agricultural labor, which lasts in periods of at least 30 days.
  • Contractors are required to ensure that sub-contractors have appropriate insurance before the sub-contractors begin work.

What Happens if Your Employer Does Not Have Workers’ Compensation Insurance?

Even if your employer does not have the workers’ compensation insurance required under the law, we may still be able to help you recover funds through a personal injury lawsuit, depending on the circumstances and parties involved.

Contact an Attorney Today

If you or someone you love has been injured at work, you may not know where to turn. The Miami workers’ compensation attorneys at Payer & Associates have significant experience helping people like you obtain the compensation you are entitled to. Begin by contacting us today to schedule a free consultation so that we can explain how Florida workers’ compensation laws apply to the facts of your case.


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