employers responsibility?

[jwow]

What is the name of your state (only U.S. law)? Florida

I am a mechanic in a repair shop. I recently injured myself on the job which resulted in me going to the ER and receiving 3 staples in my head. I was told by my employer that he did not have WC because in the State of Florida he did not legally have to carry it because he has under 4 employees. I used my own health insurance when I went to the hospital but unfortunately it did not cover all the expenses. I do believe that my employer has under 4 employees so if what he says is true about the WC requirement, is my employer still responsible to pay my remaining hospital bills that I incurred from the accident?

Thanks

 

[Willlyjo]

What is the name of your state (only U.S. law)? Florida

I am a mechanic in a repair shop. I recently injured myself on the job which resulted in me going to the ER and receiving 3 staples in my head. I was told by my employer that he did not have WC because in the State of Florida he did not legally have to carry it because he has under 4 employees. I used my own health insurance when I went to the hospital but unfortunately it did not cover all the expenses. I do believe that my employer has under 4 employees so if what he says is true about the WC requirement, is my employer still responsible to pay my remaining hospital bills that I incurred from the accident?

Thanks

Your employer is wrong! He is responsible for ALL of your medical bills! Get the appropriate papers from him in which to file for your benefits. If he doesn't want to give them to you, he may be illegally uninsured! If your head injury is such that you have to stay off work for a period of time, you should be paid disability benefits as part of the Florida Workers Compensation Policy.

 

[You Are Guilty]

Your employer is wrong! He is responsible for ALL of your medical bills! Get the appropriate papers from him in which to file for your benefits. If he doesn't want to give them to you, he may be illegally uninsured! If your head injury is such that you have to stay off work for a period of time, you should be paid disability benefits as part of the Florida Workers Compensation Policy.

Still batting .000 I see.

Who needs Workers' Compensation coverage?

If you are in an industry, other than construction, and have four (4) or more employees, full-time or part-time, you are required to carry workers' compensation coverage (an exempted corporate officer does not count as an employee).
If you are in the construction industry, and have one (1) or more employees (including yourself), you are required to carry workers' compensation coverage (an exempted corporate officer or member of a limited liability company does not count as an employee).
If you are a state or local government, you are required to carry workers' compensation coverage.
If you are a farmer, and have more than five (5) regular employees and/or twelve (12) or more other workers for seasonal agricultural labor lasting thirty (30) days or more, you are required to carry workers' compensation coverage.

Reference: Section 440.02(17), Florida Statutes.
http://www.myfloridacfo.com/wc/faq/faqemplyrs.html#1

 

[jwow]

are you saying that he is NOT responsible to pay my remaining medical bills?

 

[Proserpina]

are you saying that he is NOT responsible to pay my remaining medical bills?

That's how it appears, yes.

You do not work in construction, and he has less than 4 employees = not required to carry wc.

 

[Willlyjo]

Still batting .000 I see.

Reference: Section 440.02(17), Florida Statutes.
http://www.myfloridacfo.com/wc/faq/faqemplyrs.html#1

My bad...I scanned over the Florida Policy, but didn't find it. But in all fairness YAG, saying I'm batting .000 is a bit heartless don't you think? It is also quite inaccurate. So there ya go...I was wrong in my post and you were equally as wrong in your post!

 

[You Are Guilty]

My bad...I scanned over the Florida Policy, but didn't find it. But in all fairness YAG, saying I'm batting .000 is a bit heartless don't you think? It is also quite inaccurate. So there ya go...I was wrong in my post and you were equally as wrong in your post!

In all fairness, while that may be correct, you are still below the Mendoza line. Wrong answers like this one really could have hurt the OP.

 

[commentator]

Florida is one of the most employer friendly states in the U.S. And no worker's comp means no worker's comp. Unless there were some big glaring unsafe condition or actual negligence on the part of your employer that caused your injury, for which you could sue the employer, I'd say you had not much option except paying for it yourself. Probably the costs involved in a 3 staple cut isn't enough to make suing the employer worth your time, and probably giving up your job.

 

[canhelp]

not being legally obligated to purchase worker's comp insurance does not relieve the employer of their responsibility for the injury.
without the employer's protection of workers compensation coverage I believe the employee rights revert back to those of civil liability and
the employee can file a civil suit for damages.

depending on the amount I also believe small claims could handle the issue.

 

[Willlyjo]

In all fairness, while that may be correct, you are still below the Mendoza line. Wrong answers like this one really could have hurt the OP.

How could my answer have hurt the OP? If his employer isn't obligated for his work-related injury, then, unless the employer is negligent, the OP has no recourse--its really that simple. If anything, my wrong answer still may have enticed the OP to further check out what constitutes unlawfully being "uninsured" with regard to Florida Workers Comp. Policies, in which case the OP still would have found out what I erroneously overlooked.

Further, we've all been wrong in the past at one time or another, but as far as my very rare inaccurate posts, such inaccuracy never hurt the OP that I responded to due to the fact that such inaccuracies were minutely incidental unlike my post in this thread.

I do thank you for your efforts taking special time to scrutinize my posts. It effectively allows me to be more conscientious in my responses resulting in a continued, inaccuracy rating of below 1%, which is very reasonable!

 

[latigo]

Florida is one of the most employer friendly states in the U.S. And no worker's comp means no worker's comp. Unless there were some big glaring unsafe condition or actual negligence on the part of your employer that caused your injury, for which you could sue the employer, I'd say you had not much option except paying for it yourself. Probably the costs involved in a 3 staple cut isn't enough to make suing the employer worth your time, and probably giving up your job.

What a shame that that flaccid appendage some refer to as the Sunshine State and more appropriately the country's cocaine citadel figures to be one of the first to submerge as the caps melt and the oceans rise.

Unfortunately I won’t be around to enjoy it. But if Gore is, he will have the last laugh.