Just because you work as a part-time employee doesn’t mean you give up your legal rights. So, in many cases, you’re able to file a workers’ compensation claim if you’re injured on the job.
Let’s get right to it: All employees in the state of Florida are entitled to workers’ compensation benefits. This includes both part-time and full-time workers.
But there’s a question you need to answer: Is your employer required by law to have a workers’ compensation policy?
For example, if you’re a part-time worker in the construction industry, your employer is required by law to have coverage. Any construction company with one or more employees must have this insurance.
In non-construction industries, it’s only required of companies with four or more employees, including the business owner.
So, to be clear, if your employer has workers’ compensation insurance and you’re injured on the job while working as a part-time employee, you can file a workers compensation claim.
But There’s a Potential Problem
Knowing that you’re covered as a part-time employee will give you peace of mind, but that doesn’t mean you’re in the clear.
The biggest potential problem is an employer that doesn’t have workers’ compensation coverage. Maybe they’re not required by law to carry it. Or maybe they simply decided not to do so.
Either way, you’re still injured and in need of compensation to cover medical bills, lost wages, and related damages.
The Solution: A Personal Injury Lawsuit
It’s a difficult step to take, as you don’t want to anger your employer. However, you must consider the impact of your accident and injuries on your life and long-term health.
Filing a personal injury lawsuit isn’t something you do on your own. It takes an experienced legal professional to help you win your case and obtain the compensation you deserve.
Search for a workers’ compensation attorney by answering these questions:
- Do they have experience in the workers’ compensation field?
- Have they assisted people in your position obtain compensation in the past?
- Do they have the time necessary to devote to your case?
Don’t assume that one attorney is the same as the next. Make a sound decision based on your answers to the questions above.
How to Win Your Case
Consulting with an attorney is the first step in winning your case. But, as your attorney will tell you, the process is full of twists, turns, and challenges.
Here are some of the things you can do to improve your odds:
- Maintain accurate, thorough records: This includes medical bills, pay stubs, and a log of the number of hours you’ve missed at work.
- Collect evidence: This starts the second you’re injured. Evidence most often includes photos of your injuries and the accident site.
- Talk to witnesses: If anyone witnessed the accident, collect their contact information. Your attorney will want to speak with them about what they saw, as it can help you win your case.
Winning your case means one of two things: reaching a settlement out of court or having a jury rule in your favor.
As a general rule of thumb, it’s faster and less stressful to settle out of court, but it’s not always feasible. Your attorney can guide you, all while maintaining communication with the other party’s legal team.
Is Your Employment in Jeopardy?
Legally, your employer is not permitted to fire you or take other adverse action for filing a workers’ compensation claim.
There are wrongful termination laws in place to protect against this illegal activity.
If you’re a part-time worker seeking workers’ compensation benefits, don’t delay in taking action. How your case proceeds depend on whether your employer has workers’ compensation coverage.
At our law firm, we have more than 30 years of combined experience helping individuals who were injured at work. Regardless of the circumstances, we can step in to guide you through this difficult time in your life.
If you’re ready to consult with an experienced Florida workers’ compensation attorney, contact our law firm online or via phone at 561-513-4376. We’ll take the steps necessary to protect your legal rights and help you receive compensation for your injuries, lost wages, and other damages.