Eligibility for Workers’ Compensation: Do You Need a Minimum Work History?
Many employees mistakenly believe they must be with a company for months before they are eligible for benefits. In this video, Attorney Lawrence Anzalone clarifies that in the state of Florida, you are covered under workers’ compensation the moment you step onto your employer’s property. He also discusses the “independent contractor” trap—explaining how employers often mislabel workers to avoid providing benefits and what you can do if your claim is denied based on your employment status.
Show Transcript
Recently, I’ve been asked the question, how long do you have to be employed in order to receive workers’ compensation? Hello, my name is Lawrence Anzalone.
I am one of the attorneys at Burnetti, PA. I specialize in the area of workers’ compensation.
Well, frankly, the moment that you step onto your employer’s property, you are covered under workers’ compensation in the state of Florida. Assuming your employer advises you that you do not qualify for workers’ compensation, you need to speak to the employer’s carrier. When I say that, I’m talking about the insurance carrier for the employer, because although they may be on the same side of the fence in terms of a lawsuit, the reality is the carrier may perceive that situation much differently than the employer.
A lot of times, employers would like you to believe that you are an independent contractor. You are not, generally speaking. An independent contractor must meet a certain test. It’s a ten-point test. And the general rule is that you are not an independent contractor.
You are an employee. If you or a loved one has been injured on the job, please contact us at one-eight hundred BURNETTI. Thank you.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. It was approved by attorney Doug Burnetti, founder of Burnetti, P.A., a board-certified civil trial lawyer with experience handling cases involving auto accidents, premises liability, medical malpractice, nursing home neglect, and product liability.
Request a Free Legal Consultation
If you or a loved one has been seriously injured, please fill out the form below for your free consultation or call us at 1-800-287-6388.