Injured During Home Renovations: Can I File a Workers’ Compensation Claim in Tampa?

You may have heard that only workers can file workers’ compensation claims in Tampa. But what exactly is the definition of a “worker” in this context? If you’re carrying out work on your own home, do you “count” as a worker? What if you were helping a family member or friend with their home renovations? Can you file a workers’ comp claim in Tampa if you become injured?

Workers’ Compensation Claims Are Only Possible if You Have an Official Employer

Workers’ compensation claims are available to all employees in Florida. However, you do not get to file a workers’ comp claim if you do not have an employer. As an average homeowner carrying out DIY renovations on your property, you do not have an employer. Even if your family member or friend is paying you cash to help with their DIY project, this does not count as an official “employer” under Florida law.

Instead of a formal employee-employer relationship, this counts as casual labor or an informal arrangement. As a result, you cannot file a claim. The only way this can lead to a claim is if your family member or friend is also your direct employer, and they have valid workers’ comp insurance.

What Are My Other Options if I Become Injured During DIY Renovations?

While a workers’ compensation claim might be out of the question, you can still consider various alternative options. One option is to file a direct personal injury lawsuit against another at-fault party. For example, you might have been using a power tool that malfunctioned and caused your injuries. In this situation, you could potentially file a product liability claim against the product manufacturer or designer.

You might also file a claim against a negligent third party who was working alongside you. As long as this third party was a contractor or an employee of a contractor, you can sue them directly. For example, you might have hired a few construction laborers to help out with your DIY project. If these laborers are formal employees of a construction company and they dropped a hammer on your head from the second floor, you can potentially sue the construction company itself.

A third option is to turn to homeowners insurance. However, this option only applies if you became injured at someone else’s house. For example, your father-in-law might have asked you to help out with a project. If you become severely burned due to an electrical fire, you might be able to file a claim against your father-in-law’s home insurance policy.

Can a Tampa Workers’ Compensation Lawyer Help Me?

A Tampa workers’ compensation lawyer may be able to help if you are struggling with a workplace injury. While home renovations may not lead to workers’ comp claims, there are always exceptions to consider. You might also be eligible to file a direct lawsuit against an at-fault party in this situation. Discuss your options in more detail with The Franco Law Firm today.

Source: 

myfloridacfo.com/docs-sf/workers-compensation-libraries/workers-comp-documents/brochures-and-guides/important-workers’-compensation-information-for-contractors.pdf