In Florida, most employers are required to carry workers’ comp insurance for their workers, so you may be eligible for workers’ compensation benefits if you get injured on the job or are diagnosed with a work-related illness.
Workers’ compensation is a no-fault insurance that provides benefits, including paying for medical care and partially replacing wages, for workers who suffer many types of work-related injuries or occupational illnesses. Common causes of workers’ comp claims include:
- Slips, trips and falls. A wet, slippery or uneven surface, or an obstacle or hazard in the workplace can cause slips and falls that lead to sprains, strains, fractures, concussions, spinal cord injuries, and other injuries. If you fall at work during the course of work duties, you may have a claim.
- Overexertion. This injury can happen when a worker is lifting, pushing, pulling or carrying something that is too heavy or awkward. It can also happen by performing a repetitive or strenuous task for a long time. Overexertion can cause hernias, back pain, muscle tears, joint damage, and other injury.
- Struck by objects. Accidents can occur when a worker is hit by or collides with an object in the workplace, such as a machine, vehicle, or falling object. This can cause cuts, bruises, fractures, crushing injuries, eye injuries, head trauma, and other injuries.
- Motor vehicle accidents. Delivery drivers, truck drivers, salespeople, and other workers may need to drive as part of their work duties. If they’re in a car accident while working and are injured, they may qualify for workers’ compensation benefits. Employees driving to and from work, to and from lunch, or otherwise not actively involved in work duties, are generally not eligible for benefits if they’re in a car accident.
- Exposure. If a worker is exposed to chemicals, dusts, or other dangerous substances they can suffer burns, rashes, respiratory problems, cancer, and other harm. They may be eligible for workers’ compensation if they can prove their exposure happened during work.
There are some situations where a cause of injury may not be eligible for workers’ compensation benefits. For example, in many cases where an employee was doing something illegal, was engaging in horseplay, or was under the influence of alcohol or drugs, their claim may be denied. If a worker is not actively working at the time of an injury, they may also not be covered. For example, if a shelf falls in the break room and injures an employee on their lunch break, that employee might not have a workers’ comp claim.
It’s not always easy to tell whether you have a workers’ comp claim. To make things even more challenging, in some cases workers may also have a third-party claim. For example, if a piece of heavy machinery at your place of work is poorly designed and you’re injured as a result, you may have a claim against the manufacturer of that equipment.
Even if you do have a legitimate claim, it’s unfortunately not always easy to get your rightful workers’ compensation benefits. The claims process is complex. For all these reasons, you may wish to contact the Florida workers’ comp claims attorneys at Flaxman Law Group. In a free, no obligation consultation, we can discuss your options.
Our team has more than 60 years of combined experience and we have worked with injured workers to file their claims, negotiate with insurers, and even take a claim to court, when needed, to get fair benefits for the injured employee. Contact us today for your free consultation.