Accidents at work can happen in any industry. However, some industries are more prone to accidents than others. For example, someone working in the mining, construction, or agricultural industry is more likely to get injured on the job compared to someone working in the information technology industry.
For workers in the agricultural industry, the chances of getting injured at work are significant due to the machinery they use and the stressful nature of the job. Fortunately, federal and state laws require employers to provide workers compensation. If you work in the agricultural industry, you may wonder if this covers you. Our Florida workers’ compensation lawyers answer this question in this article.
What Is Workers’ Compensation?
Most people will agree that employees could get injured while working. Some of these injuries may be caused by their negligence. However, work comp is not fault-based, so the issue of negligence is irrelevant. Workers’ compensation is a form of insurance provided to employees who get injured or disabled at their job.
In exchange, employees give up their right to sue their employees. Regardless, workers’ compensation is not automatic. Employers can be victims of workers’ compensation fraud when employees sustain injuries elsewhere but claim to have gotten it on the job or try to inflate insurance claims. Consequently, you can expect both the employer and their insurance to conduct some investigation when you report an injury.
Are Agricultural Workers Covered by Workers’ Compensation?
Workers’ compensation laws differ from state to state. However, most states require employers to provide workers’ compensation to full-time staff. In this regard, the agricultural industry is slightly different. Its nature means that not everyone an agricultural company employs will be a full-time or permanent staff.
For example, many large farms use seasonal workers to complement their existing workers. These seasonal workers may or may not be provided with workers’ compensation depending on the state. As a result, coverage in some states is limited to only full-time workers. In Florida, only small farmers are exempt from providing insurance for their seasonal workers.
Only 13 states require employers to provide seasonal workers with the same compensation as other employees. These states include California, Colorado, Connecticut, Arizona, Minnesota, Hawaii, Idaho, Montana, New Hampshire, Massachusetts, New Jersey, Ohio, Oregon. In addition to these 13, the District of Columbia, Virgin Islands, and Puerto Rico require employers to provide seasonal workers with workers’ compensation.
Mississippi, Alabama, Delaware, Arkansas, Georgia, Kentucky, Kansas, Indiana, Missouri, Nebraska, Nevada, North Dakota, New Mexico, Tennessee, Texas, and South Carolina do not require employers to provide workers’ compensation for seasonal agricultural workers.
What to Do If You Are Injured at Work
Although as an agricultural worker in Florida, you are eligible for workers’ compensation benefits, there are some steps that you need to take to help your claim. The following steps are important:
Get Medical Treatment
As soon as you can, get treated by a competent medical professional. Usually, your employer’s insurance carrier will provide you with a list of doctors that you can see. However, if they do not or you do not trust the doctors they recommend, you may be able to get a different doctor.
Inform Your Employer
Always inform your employer of any injuries sustained while working. This way, they can inform their insurance provider and get you compensated quickly. You may also be required to submit some information when reporting your injuries.
Keep a Record of Your Injuries
Keeping a record of your injuries will help you prove your claim as it shows the severity of your wounds or the lack of it. In addition, it could be used if your employer attempts to deny your claim.
Speak to a Workers’ Compensation Lawyer
Hiring a Miami workers’ compensation lawyer has great benefits, including helping you file a claim while you focus on healing. In addition, a good workers’ compensation lawyer can help you if your employer decides to deny your claim.
Miami’s Best Workers’ Compensation Lawyers Can Help You Get the Compensation You Deserve
If you have been injured while working, there is a chance that you are entitled to workers’ compensation. However, not every worker is aware of this. As a result, they pay out of pocket for their treatment and, in severe cases, lose their jobs due to being absent from work.
We recognize that workers’ compensation laws may be confusing for some people. Therefore, our legal team at Miami Lawyers 360 is always available to help you know more about their rights. We are also an experienced team, and we use that experience to help our clients get the compensation they deserve. Give us a call today, and let us help you get your workers’ compensation benefits while you focus on healing.