Workers’ Compensation provided compensation to employees that have been hurt on the job. It is a state mandated insurance program. Every state has its own laws when it comes to Workers compensation claims.
Employees have the right to obtain benefits regardless of fault. This insurance is to help protect an employer from being sued for work related injury. Once a person utilizes the workers’ compensation benefits, an employee no longer has the right to try to sue their employer.
Employers are required to purchase workers compensation benefits through an insurance company. Some companies that are small are not required to have this insurance. In these cases if an employee is hurt, they must file a claim with workers compensation insurance or the self-insuring company.
Workers compensation will cover most injuries that occurred on the job. There are some limits. If an employee is under the influence of drugs or alcohol, they are not covered. Coverage is often denied due to injuries sustained when committing a crime, if creating self-inflicting injuries, violating company policy, and if an employee was not on the job at the time of the injury.
Workers compensation will cover injuries that are acute and chronic. If you end up with a diagnosis of carpal tunnel syndrome and you type all day, this will be covered. Back problems are another common ailment covered by workers compensation. Some illnesses can be caused by work related conditions such as lung disease.
You do not have to be injured at the workplace if your injury is job related. You may be traveling for business and sustain an injury. Maybe you are attending a work related social event.
If you are eligible for workers compensation you will be provided replacement income, rehabilitation, and medical expenses. You may not be covered 100%, but a good majority will be covered.
If you are unable to work, you will receive approximately 2/3 of your income. These payments are tax-free. This will kick in after you have had to miss a few days of work due to a work related injury and illness.
Some people become injured to the point that they can no longer work. These people may be eligible for long-term benefits. What you are paid will depend on the extent of your injuries. If your disability is permanent you will want to contact workers compensation right away. Because long-term benefits are complex, the may take awhile to be processed.
Some people experience problems with their employers and under many circumstances you can sue the employer. This is where an experience attorney in the area of Florida personal injury law will come in. You can bypass the workers compensation if you sustained an injury due to reckless or intentional behavior. You can file a claim for pain and suffering, punitive damages, and mental aguish.
If an employer tries to stop you from filing a workers compensation claim wit threats or in general, immediately report it to workers compensation. At that point get a good attorney to help you with Florida personal injury law.
This is not legal advice.
Additional Legal Tools: The Law Firm of Searcy Denney Scarola Barnhart & Shipley. Providing personal injury support nationwide and in West Palm Beach.