- Workers' Compensation
If you work on a farm, you may have been told that you are not covered by workers’ compensation. Thus, you have to pay for medical care even if you suffer an injury in the course of your job duties. This is not the full truth.
Workers comp for agricultural workers is available in many instances. You should talk with a Clearwater workers comp lawyer to find out if you qualify for filing a claim.
In this article, we will explain who is covered by workers comp in the agricultural industry and how to file a workers comp claim successfully.
Workers Comp Coverage for Agricultural Workers in Florida
Florida workers’ compensation law states that most employees are covered, with a few exceptions. In the agricultural sector, farmers or farm associations must provide workers’ compensation coverage if they employ:
- 6 regular employees
- 12 seasonal workers who work for more than 30 days during a season and/or more than 45 days in the same calendar year.
The term employee includes:
- Field foremen
- Checkers
- Timekeepers
- Any supervisory personnel.
Thus, if you work either full-time or part-time on a farm with 6 employees or 12 seasonal workers, you are actually covered by workers’ compensation.
Common Work Injuries in the Agricultural Sector
Workers comp for agricultural workers covers any kind of injury you suffered in the course of your employment. This may mean:
- Vehicle accidents, such as tractor roll-overs or being caught under heavy farm machinery
- Farm animal attacks
- Chemical injuries due to exposure to toxic weed killers
- Falls from a height
- Repetitive stress injuries from bending over and carrying heavy loads of harvest.
The workers’ compensation system is not fault-based. It does not matter if you were partially or even 100% at fault for your accident.
What to Do After a Work Injury
Before you consult with a Clearwater workers comp lawyer, you need to make sure that you comply with all the rules set by the workers comp system. This means:
1. Report Your Accident to Your Employer Immediately
You should verbally inform a supervisor that you suffered a work-related accident as soon as possible. The law says that you have 30 days to notify your employer, but the longer you wait your chances of getting your claim approved decrease.
The reasons for this are:
- The employer has the right to request a drug and alcohol test after the accident (being under the influence disqualifies you from filing a claim)
- The employer may suspect that you suffered the injury while you were not on the clock.
2. Document Your Work-Related Accident
Take photos and videos to justify that your accident happened on the job. If any coworkers witnessed it, ask them to give you short statements. These are valuable pieces of evidence during the negotiation for your workers’ comp benefits.
3. Seek Medical Attention as Soon as Possible
Usually, farm employees work at a considerable distance from cities and towns where they can find a hospital or ER. If you are unable to drive yourself there, ask your employer to provide you with transportation. If your injuries are severe, call 9-1-1 and ask for an ambulance.
Workers’ compensation covers all costs related to medical care for your work injury, including the ambulance ride cost.
Consult with an Experienced Clearwater Workers Comp Lawyer!
Last, but not least, reach out to an experienced Clearwater workers comp lawyer to help you file your claim and negotiate with the insurance company. This is the most difficult part of the process because insurers put their profits above the duty to pay benefits to injured workers.
We offer each new client a free case review, so call us today at 954-388-8616!
