An employee (or their family) is eligible for workers’ compensation in Florida if they suffer an accidental injury or death arising out of work performed in the course and scope of employment. The state mandates that businesses with four or more employees (regardless of whether those workers have full-time, part-time or seasonal status) carry workers’ compensation insurance in preparation for such cases.

Construction companies operate under stricter regulations. Regardless of how many workers they employ, these companies must provide them with workers’ compensation coverage.

A popular myth is that undocumented workers in Miami aren’t eligible to receive workers’ compensation benefits. Although this is true in some states, Florida doesn’t require employees to provide proof of legal status to work. Any employee on a company’s payroll is entitled to workers’ comp so long as the company is required to carry the coverage.

Only a few employees in Florida don’t qualify for workers’ compensation: independent contractors, farm workers and domestic workers (e.g., housekeepers, nannies, etc.). Even so, there are some exemptions to the rule. For example, if a farm employs at least 12 seasonal workers or if an employer hires more than three regular domestic workers, they need to provide them with workers’ compensation benefits.

Some Miami employers may try to classify a worker as a freelancer to avoid providing them with workers’ compensation. If this is the case for you, Kanner & Pintaluga will pursue the benefits you’re entitled to on your behalf.

According to Florida Statutes § 440.20, Florida workers’ compensation income benefits do not begin until you miss eight days of work. You should receive your first check in no less than 21 days after reporting your injury.