Working on a Florida Construction Site Without Workers’ Comp Coverage: What if I Get Injured?

Under Florida law, virtually any worker who steps foot on a construction site must have workers’ comp coverage. However, there are a few exceptions for subcontractors and owners of construction companies. What if you become injured on a Tampa construction site and you don’t have valid workers’ comp coverage? Is there any way to cover your bills?

Statute 440.10 Explained

Under Statute 440, any contractor or subcontractor working on a Florida construction site must obtain workers’ comp insurance for their employees. If you find yourself working on a construction site without valid workers’ comp insurance, someone has made some kind of mistake. This gap in coverage should never happen in Florida.

Those who violate Statute 440 may face serious consequences, including fines and even criminal charges. That said, some individuals in the construction industry may be able to opt out of their own companies’ workers’ comp coverage. Florida allows three corporate officers in each construction company to opt out of workers’ comp coverage. Each of these individuals must own at least 10 percent of the company.

If corporate officers opt out of workers’ comp coverage and subsequently become injured on construction sites, they have no way to file a workers’ comp claim. This means that they could face serious medical bills, lost wages, and other damages. Because of this risk, many general contractors prevent exempt corporate officers from even stepping foot on their construction sites.

The General Contractor May Be Required to Give You Workers’ Comp Coverage

If a subcontractor becomes injured without ever obtaining workers’ comp insurance, the general contractor may be legally required to cover them under their own workers’ comp policy. In other words, the general contractor becomes the subcontractor’s “statutory employer.”

A Personal Injury Lawsuit May Be Possible

If you became injured on a construction site as an exempt corporate officer and you lack workers’ comp coverage, compensation may still be possible. Speak with your lawyer about potentially suing a negligent third party. This might be the manufacturer of a defective power tool, another contractor who committed a serious safety violation, or anyone else who contributed to your accident.

If you were struck by a passing motorist in a roadside construction zone, you could file a standard auto accident claim against the driver. Speak with your lawyer about your options for compensation, even if you have heard that you need to pay your bills out of your own pocket.

Can a Tampa Workers’ Compensation Lawyer Help Me?

If you suffered injuries on a construction site and you somehow lack workers’ comp insurance, a workers’ comp lawyer in Tampa may be able to help you pursue the financial support you need. A general contractor may be required to cover you in this situation. Alternatively, you may be able to sue a third party for causing your injuries. Discuss these options in more detail with The Franco Law Firm today.

Source: 

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0440/Sections/0440.10.html