What if my employer is required to have have work comp insurance but doesn’t?
Then your case just became way more difficult in that it is your employer would have to pay for your benefits out-of-pocket. However, since your employer was required to have coverage but didn’t, per FS 440.06, it would lose certain defenses to the case such as that the injury was caused by the negligence of a fellow servant, that the employee assumed the risk of his/her employment, or, most importantly, that the injury was due to the comparative negligence of the employee.
Then your case just became way more difficult in that it is your employer would have to pay for your benefits out-of-pocket. However, since your employer was required to have coverage but didn’t, per FS 440.06, it would lose certain defenses to the case such as that the injury was caused by the negligence of a fellow servant, that the employee assumed the risk of his/her employment, or, most importantly, that the injury was due to the comparative negligence of the employee.
