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What Doesn’t Florida Workers’ Compensation Cover?

The workers’ compensation attorneys at Flaxman Law Group often hear from injured workers who have questions about what is and isn’t covered by workers’ compensation in Florida. In general, if your illness or injury happened because of your work or in the course of your work duties, you should be covered. There are exceptions, of course, which we cover below.


If you’re wondering whether or not your injury or illness is covered, one simple way to find out is to schedule a consultation with a workers’ compensation lawyer at Flaxman Law Group. We can talk about your specific situation so you get the facts you need.

Let’s start by looking at some of the types of employees and workers who are not usually covered by workers’ compensation in Florida:

  • Contractors, self-employed individuals, and freelancers.
  • Employees at non-construction companies that have fewer than four employees.
  • Workers at some very small farms.
  • Officers at construction companies and LLCs who have applied for exemptions.

If you’ve been injured at work and aren’t sure whether you’re covered, you can contact Flaxman Law Group for a consultation with a Florida workers’ compensation lawyer. An attorney can answer your questions and explain how workers’ compensation laws could apply in your situation.

It’s also important to know that Florida workers’ compensation also doesn’t cover some types of illnesses and injuries, including:

  • Stress or mental health disorders that aren’t linked to some type of physical trauma experienced due to work duties.
  • Any illness, stress, or disability that happens because of inter-employee conflict (unless that conflict gets physical).
  • Injuries sustained during optional company recreational opportunities and parties. Injuries sustained at mandatory events, though, are covered.
  • Injuries sustained because of an employee’s own intentional self-harm.
  • Injuries sustained while an employee was playing around on the job or was under the influence of drugs or alcohol.
  • Injuries sustained out of the workplace when you’re not engaged in work duties. For example, if you’re injured while you’re at a restaurant for your lunch, this is not covered.
  • Common community-spread illnesses, like the flu.
  • Injuries sustained during your commute. If you’re driving a company car as part of your work duty, however, your injury is covered if you’re in a crash.

There are clearly a lot of exceptions here, and this can create challenges with Florida workers’ compensation cases. For example, an employer and their insurer may claim that you were engaged in horseplay when you were injured at work, and therefore your injury isn’t covered. How can you prove that you were working seriously?

The complexities of workers’ compensation claims are one reason why we recommend that any injured worker contact Flaxman Law Group at 866-352-9626 to arrange a consultation with a Florida workers’ compensation attorney. You can contact us as soon as you’re injured, before you even file your claim. In a consultation, we can review what compensation and benefits you may qualify for and whether we can address any potential barriers to you getting your benefits.

Already filed a workers’ compensation claim? Maybe even been rejected? We still invite you to contact Flaxman Law Group at 866-352-9626 for a consultation with a Florida workers’ compensation lawyer. Let’s talk about any ways that you might be able to get your benefits.

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