Can Seasonal Workers File Workers’ Compensation When They’ve Been Injured On The Job?
Bryan Greenberg
Workers’ Compensation
With the economic impacts of COVID-19, more people are finding themselves doing seasonal work this year. However, many do not know that seasonal work comes with the same legal protections as full time work. If you are injured on the job at a seasonal position, you still have a right to claim workers’ compensation. What Does Florida’s Workers’ Compensation Laws Say About Seasonal Workers?
According to Florida state law, companies with four or more employees must provide workers’ compensation. The employees can be full or part time. However, there are some exceptions to this rule depending on the industry. For example, in the construction industry, employers are required to provide workers’ compensation if they have one or more employees. While in the agricultural sector employers must have six or more full time employees or 12 or more seasonal employees who work more than 30 days to carry workers compensation insurance. These coverages include seasonal workers. Thus, if you are a seasonal worker you are protected by Florida’s workers’ compensation laws.
Am I Eligible To File A Workers’ Compensation Claim?
In order to qualify for workers’ compensation, you have to prove that your injuries or illness is a direct result of the job. For example, if you hurt your back lifting heavy boxes while doing inventory. Workers’ compensation does not cover all injuries at the workplace. For example, if you were doing something like joking around with your coworkers and injure yourself, you will not be covered because that was not a work-related injury. There are a few other exceptions, but a workers’ compensation attorney can help you understand them.
How Do I File A Claim For Workers’ Compensation?
When you are injured on the job, the first thing you need to do is inform your company. They will instruct you on the internal protocol for workers compensation claims. You will also need to see your doctor immediately, so you can get documentation of your injuries and connect them to your work. If you report an injury to your employer and they do not file a claim, then you can go to Florida Division of Workers Compensation and file a claim there. Next you’ll want to speak with an attorney.
How Can An Attorney Help Me File A Workers’ Compensation Claim?
The most important thing to know is the vast majority of workers’ compensation claims are denied because the claim was not filed correctly. Workers’ compensation filing can be very challenging and requires a lot of time, knowledge, and documentation. An attorney will not only take all of this off your plate so you can focus on healing. An attorney will also ensure that your claim is filed correctly in order to be approved. If your claim has already been denied, an attorney can help you with the claims appeal process. Finally, an attorney knows the full value of your workers’ compensation claim. They will fight for your right to full and fair compensation under the law.
If you are a seasonal worker and have been injured on the job, your position does not disqualify you from receiving workers compensation. Depending on the industry and company, you can still file a claim. You just have to prove the injuries were a result of your work. The skilled workers’ compensation team at All Injuries Law Firm can help. Give us a call at 1-941-625-HURT and we’ll review your case for free. If you decide to hire us, we’ll take care of everything that way you can relax and focus on healing.