Can You File a Workers’ Comp Claim as a Temporary Worker in Florida?

According to the latest statistics, there are almost 200,000 temporary workers in the State of Florida – representing about 2 percent of the total workforce. These individuals play a vital role in powering the Sunshine State’s economy – particularly when it comes to agriculture and construction. If you have suffered an injury as a temporary worker in Florida, you might be wondering whether you can file a workers’ comp claim. Is this really possible?

Temporary Workers Have Almost Exactly the Same Rights as Permanent Workers 

Both temporary and permanent workers are protected under the workers’ compensation system. These protections are guaranteed by both state and federal laws. The real question is who should pay for your workers’ compensation insurance – and this isn’t always clear due to the dual nature of temporary employment. Most temporary workers are hired and employed by “temp agencies” or “placement agencies.” According to Florida law, these agencies are your primary employers – not the “client company” that you actually work for.

If you’re not sure who your “employer” is, it might be worth discussing this subject further alongside a qualified, experienced workers’ comp attorney in Florida. As a general rule, you should file your workers’ compensation claim with the company that provides you with your paychecks. If a company has listed you on their payroll, they are probably your employer in the eyes of Florida law. Some companies agree to handle workers’ compensation needs, and they may agree to do this via special contracts with your placement agency.

What About Undocumented Temporary Workers in Florida? 

If you are working as an undocumented migrant in Florida, you might be reluctant to file a workers’ compensation claim. Perhaps you believe that by filing a claim, you will draw attention to yourself and face legal consequences. Maybe you assume that the workers’ compensation system is reserved only for those who are legally allowed to work in the United States. It is important to understand that these assumptions are both wrong.

In Florida, you have the right to pursue a workers’ compensation claim regardless of your immigration status. Undocumented temporary workers can receive benefits just like any other worker in the United States. State and federal laws guarantee you access to these benefits, and you can file a claim without fear of any legal consequences. You will not be deported, and your lawyer can help you navigate the entire process in an efficient, confident manner.

Find a Qualified, Experienced Workers’ Compensation Lawyer in Tampa 

If you’ve been searching for an experienced workers’ compensation lawyer in Tampa, look no further than the Franco Law Firm. We value temporary workers – and we’re ready to fight for your right to fair compensation. With our help, you can get the compensation you need for medical expenses and missed wages – even if your claim has already been denied. To learn more about your next steps, be sure to book a consultation today.

Sources: 

marquette.edu/obrien-fellowship/fellows-2016-perez.php

golatinos.net/there-are-180k-temp-workers-in-florida-1-9-of-total-workforce/