What Situations Can Prevent You From Receiving Florida Workers' Comp Benefits?
Injured employees in the state of Florida have the right to pursue a Florida workers’ compensation claim if they sustained injuries while on the job. Florida employment laws say that businesses must carry Florida workers’ compensation insurance for just these types of accident situations. Florida workers’ compensation insurance allows employees to be helped out with their medical expenses and when employees accept the benefits, for the most part, they give up their right to sue their employer.
Not every situation that results in injuries will also result in a successful workers’ compensation claim. There are situations where an employee may sustain injuries at work but the details of how the injuries happened to prevent them from receiving Florida workers’ compensation benefits. For all questions regarding Florida workers’ compensation, contact Stephen M. Andrews, an experienced Florida workers’ compensation attorney.
When Will an Injured Employee in Florida Be Unable to Receive Workers’ Comp Benefits?
Under Florida workers’ compensation law, at least 50% of the injury you suffered must have happened at work. You cannot be injured in an accident that happens out of work, and then exacerbate your pre-existing injury in an accident at work and expect to obtain benefits. For example, if you took a morning jog before your workday started and tripped, and that caused you to sustain injuries to your legs, your injury was independent of your job. If you then go to work and have an accident that makes those leg injuries worse, it is very likely you will not be able to file a successful claim for benefits.
There are other situations that preclude a person from obtaining workers’ compensation benefits, and these include:
- If you were successful in hurting yourself because you intentionally tried to hurt yourself.
- You were inebriated either on drugs, alcohol, or both and your intoxication caused you to have an accident that resulted in injuries.
- It can be proved that you intentionally injured yourself because you wanted to obtain benefits.
- You wouldn’t wear or use the required safety gear and you wouldn’t follow the prescribed safety rules.
In all of these situations, the accident that took place could be argued to be illegitimate by your employer or their insurance provider. If they can prove any of these situations, it will be very hard for you to argue that you deserve the benefits. Intentionally inflicting injury on yourself will leave you not only with pain but also potentially the loss of your job as well as with medical bills that you will have to pay out-of-pocket. It is additionally, very unlikely that in lieu of workers’ compensation benefits in these situations that you would be able to pursue a civil suit against your employer.
Take Your Case to a Florida Workers’ Compensation Attorney
Schedule your free consultation today with Stephen M. Andrews, a talented Florida workers’ comp and SSDI attorney at (850) 906-9599. When you work with Stephen M. Andrews, you will receive effective legal counsel and you won’t pay anything unless your case is won.
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