Hurt On The Job At A Waterpark In Florida? You Have Rights!

In this article, you will discover:

• Whether workers’ compensation in Florida covers part-time, seasonal waterpark employees
• Whether you can waive your rights to workers’ compensation in Florida
• How to navigate a workers’ compensation claim when the injury was caused by a patron or visitor

Are Part-Time And Seasonal Waterpark Employees Covered By Workers’ Comp In Florida, And Does Their Employment Status Impact Their Benefits?

Workers’ compensation in Florida covers part-time and seasonal employees. Part-time, seasonal status doesn’t change the fact that they’re entitled to workers’ compensation benefits.

There is typically a correlation between earnings and compensation paid based on the establishment of an average weekly wage. While the type of benefits available to a part-time, seasonal employee would still be the same as a full-time worker, they would be proportional to the diminished work time and lower wages.

Does Signing A Liability Waiver Prevent You From Filing A Florida Workers’ Compensation Claim?

Most workers in Florida, by law, cannot waive their rights to workers’ compensation. Any agreement that purports to do so is deemed to be illegal, with the exception that certain qualified owners of businesses can elect to file a personal exemption from workers’ compensation.

However, that’s a unique exemption applicable to owners or partial owners of a business subject to the rules, rather than employees.

Can Florida Lifeguards Get Workers’ Compensation For Injuries During Rescues Or Water-Related Duties?

They certainly can and are covered just as any other typical worker would be covered in the State of Florida.

Attorney Matthew Romanik is a skilled lawyer based in Daytona Beach, Florida, who has helped numerous clients just like you navigate the intricacies of workers' compensation law. With 29 years of experience, he is prepared to assist you in filing and pursuing your workers' compensation claim if you are a part-time, seasonal employee at a Florida waterpark, so you receive the full benefits you’re entitled to.

Still have questions? Ready to get started? Contact Working for Workers today to schedule a free initial consultation.

Are You Covered By Florida Workers’ Comp If You’re Injured During Mandatory Waterpark Training?

If there are employer-required elements of work beyond the typical workday that the employer specifies the employee must participate in, that’s typically covered.

There are some gray areas, such as recreational activities and voluntary picnics, where it gets more complicated. However, most would agree that an injury during a training session would necessarily be a compensable claim in Florida.

Notes From The Field: How Can A Florida Workers’ Compensation Lawyer Help Protect A Seasonal Waterpark Injury Claim?

It’s useful for employees to consult with a lawyer simply to know what they should expect through the workers’ compensation system. Even when the employer and their carrier are doing precisely what they should do, an employee should be well informed so they can verify that what is happening is correct and they’re not missing anything owed to them.

That’s why my firm always provides complimentary consultations to educate employees about what to look out for. We assure clients that if things aren’t happening as expected, they can circle back for assistance. Otherwise, they can rest assured that what’s happening is precisely what should be happening, and maybe they won’t need to engage us later.

How Do You Navigate Cases Where A Waterpark Worker Is Injured Due To The Actions Of A Customer?

This situation can be challenging to navigate because of potential conflict between the employee’s loyalty to the employer and the need to please customers, versus the customer being potentially liable. It also depends on whether the customer caused the accident inadvertently, negligently, or intentionally.

There are times when the fact that a customer is involved may have very little to do with the outcome of the claim. There are times when there may actually be an independent claim against the third person, where the employee could theoretically pursue a claim against a customer and still be able to receive workers’ compensation benefits and make a third-party claim against an outsider.

However, that would be subject to the workers’ compensation carrier placing a lien for the value of the benefits that they afforded the employee, if the employee makes a secondary recovery from a customer.

Still Have Questions? Ready To Get Started?

For more information on Florida waterpark workplace injury, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (631) 359-8016 today.