My Boss Only Has Three Employees: Can I Still File a Workers’ Comp Claim in Tampa?

According to Pew Research Center, 49% of all small businesses in the United States have between one and four workers. If you work for a small business in Florida, there is a strong chance your boss is only employing three workers (or fewer). You might have heard that a workers’ compensation claim is impossible in this scenario. But is this really true? To find out, you might want to speak with an experienced workers’ comp lawyer in Tampa.

The General Rule for Workers’ Compensation 

The general rule for workers’ compensation in Florida is that if you have at least four employees, you need to get workers’ comp insurance. As a result, employers with fewer than four employees may not need to get this type of insurance in Florida. If you are an employee of one of these small businesses, it may be difficult to file a claim.

This Rule Is Different for Construction Workers 

That said, Florida has different rules for construction workers. If your boss is operating in the construction industry, they must obtain workers’ compensation insurance even if they have a single employee. In other words, the normal rules don’t apply – and you can file a claim regardless of how many workers your boss has on the books.

The Agricultural Industry Has the Most Lenient Requirements 

From an employer’s perspective, the agricultural industry has the most lenient rules in this context. Your boss doesn’t need to obtain workers’ comp insurance until they have six regular employees. If they hire seasonal workers, they may even get away with hiring 11 employees before they need to get workers’ comp insurance.

You May Still Have the Right to Pursue Compensation 

Even if it seems like filing a claim is impossible, there may still be a route toward compensation. For example, your employer could be illegally designating some of their employees as “independent contractors” in order to stay below the four-worker threshold. If this is the case, you could potentially sue your employer and recover compensation.

Alternatively, the circumstances of your injury may allow you to sue a third party. For example, you might have been injured due to the negligence of another worker employed by a different company. In this situation, a direct lawsuit could be possible.

Always discuss your circumstances with an experienced lawyer before completely dismissing the possibility of compensation. This may be well worth the effort considering the cost of missed income and medical bills.

 Can a Workers’ Compensation Lawyer in Tampa Help Me?

A workers’ compensation lawyer in Tampa may be able to help if you’re struggling with a denied claim. Although it’s true that your employer might not need workers’ compensation insurance with fewer than four employees, there are a few notable exceptions to consider. Instead of simply giving up hope, consider a conversation with The Franco Law Firm to determine your next moves.

Sources: 

myfloridacfo.com/division/wc/employer/coverage-requirements

stetson.edu/law-review/article/florida-workers-compensation-act-the-unconstitutional-erosion-of-the-quid-pro-quo/