How Does An Employee Prove They Were Injured On The Job?
Florida Workers’ Compensation benefits are only provided when it can be proven that the injury or illness arose out of the course of employment. Sometimes the connection between the injury and job are clear, and other times it must be legally and medically inferred, especially in cases of illness and disease. Often times, the burden of proof lies on the employee who must attest to the increased type of risk associated with one’s job.
- Distinct Job Risk: A painter who falls from a ladder is at distinct risk for becoming injured on the job and is entitled to workers’ comp benefits.
- Personal Job Risk: If a smoker develops lung cancer and it is determined that there are not carcinogens present in the workplace, then they are a personal risk and not entitled to benefits.
- Neutral Job Risk: When an employee develops a contagious disease that is determined to have been caused by the workplace, then this is considered neutral since it may or may not require compensation, depending on the analysis. Other “neutral” examples include heat stroke, transportation injury during work hours, heart failure which causes head injury at work, etc.
If you are uncertain as to whether your injury or illness qualifies for a Florida workers’ comp claim, it is vital to speak with a skilled professional who can give you expert advice before you are denied. Contact the Law Office of David Benenfeld to speak with a Broward County workers’ compensation attorney in a FREE consultation to help you with your claim.