Worker’s compensation, also called workers comp and workmen’s comp is insurance available to an employ injured on the job. The insurance provides an injured employee with wage replacement and medical benefits. In exchange for receiving workers comp money, an employee is barred from suing their employer.
To obtain worker’s comp in Florida, an employee must be eligible. There are two basic eligibility requirements. The first requirement is the individual must be an employee of a business that offers workman’s comp insurance. The individual may also work for the company that is supposed to have the insurance. The second requirement is the injury must be a work-related injury.
What are Work-Related Injuries?
A work-related injury is any injury that happens while working. In worker’s compensation law, it’s known as an injury that happens in the course of employment. For instance, a work-related injury can be broken bones from a fall at work. Other types of work-related injuries include:
- Torn ligaments
- Herniated disks from lifting
- Head injuries such as traumatic brain injuries or concussion
- Hearing damage or loss
- Construction accidents
- Assorted injuries to the neck, back, ankle, spinal cord, eyes, hip, respiratory organs and feet
Are Repetitive Motion Injuries Covered by the State’s Worker’s Compensation Insurance?
Yes. A repetitive motion injury is covered by the state’s workman’s comp insurance. This type of injury I known by many names such as:
- Repetitive stress injuries, or RSIs
- Repeated motion injuries, or RMIs
- Cumulative Trauma Disorders, or CTDs
A repetitive motion injury happens over time. The medical condition happens because an employee’s tasks include some type of repetitive motion such as typing or operating machinery. A person’s body isn’t able to repeatedly perform the same motion a thousand times in a short amount of time. The most common type of repetitive motion injury develops in the hands, wrists and forearms. It’s called carpal tunnel syndrome.
Does Worker’s Compensation Cover Stress-Related Injuries?
The honest answer is that it depends. Stress-related mental injuries develop from a sudden, one-time event. The event is traumatic and may be considered post-traumatic stress disorder, or PTSD. PTSD is covered by workman’s comp.
What Work-Related Injuries aren’t Covered by Worker’s Comp in Florida?
The state doesn’t cover on-the-job injuries for the following medical conditions:
- Any work-related condition that causes an employee to dislike or fear another person because of their religion, race, color, national origin, age or heritage
- Nervous or mental injury that occurs because of excitement, stress or fright
- Pain and suffering for any work-related injury. The state has never allowed an employee to receive workman’s compensation for pain and suffering connected to an injury.
Are Occupational Illnesses Covered by Worker’s Compensation?
Yes. An occupational illness is any type of medical condition that occurs on the job. An employee may inhale chemicals that causes them to develop cancer. An example of an occupational illness is mesothelimoma. An illness can become an occupational illness too. A person who suffers a heart attack because of their high stress job such a being a first responder can apply for compensation.
Will Workman’s Comp Cover Injuries Where the Employee was at Fault?
Yes. Worker’s compensation is a no-fault benefit system. This means the employee or employer can be at fault for the injury caused and the employee will still receive benefits. It doesn’t matter if the employee caused their own injuries or it was because of employer negligence. However, there are exceptions to the rule. An employee who hurts themselves while fighting, drunk or high on the job have had their claims rejected. Anyone who suffered an injury while fighting, drunk or high should contact a worker’s compensation lawyer. In some cases, rejected worker’s compensation claims have been overturned by a court because the employee’s behavior wasn’t the sole reason they were injured.
Is an Employee’s Death Covered by Worker’s Comp?
Yes. Employees who die on the job are covered by the state’s workman’s compensation. An employee may be found died at their workplace and there are no witnesses. Possibilities of murder or suicide are usually ignored by courts unless there’s evidence that either one of the actions occurred. The dependents of the employee killed are typically eligible to collect the compensation benefits. Employee’s dependents usually include:
- Other family members
Applying for Worker’s Compensation
To obtain worker’s comp, an employee must inform their employer of the accident immediately to file a claim. An employer has seven days to report the claim to their insurance carrier. Within three days after the employer informs their carrier, the employee will receive a brochure in the mail. The brochure outlines the employee’s rights and benefits.
Seek Legal Representation for Your Injury Claim
You told your employer you were injured on the job. In a perfect world, you’d receive your compensation and focus on your physical recovery. That’s not always reality. Your claim may be rejected. You can wait months for money to cover your on-the-job injuries. After a workplace accident, seek the help of a workers compensation lawyer. A workers compensation lawyer will work hard to fight for the money you deserve from your on-the-job injury. Contact us today.
INJURED ON THE JOB ?
OUR FLORIDA WORKERS COMP LAWYERS WILL FIGHT TO GET YOU THE MONEY YOU DESERVE! NO FEES OR COSTS UNLESS WE WIN YOUR CASE !