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What Are The Elements Required For A Viable Workers’ Compensation Claim?

It’s quite simple to qualify for a viable workers’ compensation case.

The first element is that you must be an employee. As long as you’re an employee and workers’ compensation coverage is in place, you were working at the time of the accident, and you got hurt unintentionally, then you’re covered under workers’ compensation law. Negligence really doesn’t matter in a workers’ compensation claim.

For example, if you’re sitting at your desk doing paperwork, and you catch your finger in the desk drawer, even though your employer has nothing to do with it, you’re still covered by workers’ compensation. You can receive benefits, even though you’re at-fault.

In fact, negligence of the employer doesn’t matter. For practical purposes, as long as you’re working, you’re an employee, and you get hurt, we can help you.

What Happens if Someone Is Killed? Is This Still Workers’ Comp, or Does This Fall Under a Different Class of Compensation?

If something happens when you’re working that causes you to pass away, then this is still a workers’ compensation claim.

However, there could be some other things that come into play. For example, a third-party case could exist, or something in the case might fall outside of workers’ compensation.

Do Any Other Factors Potentially Affect the Outcome of a Workers’ Compensation Case?

Under the law, when you have workers’ compensation claim, you must report the accident. If you get hurt and fail to report the accident, then this could be deadly to a claim, especially if the accident is not reported within 30 days.

Sometimes when people have accidents, they report it to the employer. The employer, for whatever reason, refuses to acknowledge the accident. When this happens, certain steps must be taken. This way, somebody’s rights and remedies under the law are not compromised. After all, according to Florida law, if it’s not reported within 30 days, the claim could be dead.

When is it Too Late to Seek Medical Treatment?

Naturally, if you’ve been hurt, the sooner you receive medical care the better. After time goes by, it will be more difficult to say that you were significantly hurt in the specific accident.

Under the law, if you’ve been hurt, you have a period of 2 years within which to actually file a “Petition for Benefit.” This is a lawsuit under workers’ compensation law. If you fail to file, then you could lose your rights.

However, some exceptions do exist. For example, if your claim is on-going, and you’re seeking medical care with an authorized and approved workers’ compensation doctor, then you have one year from the date of your last treatment and/or 2 years from the date of the accident, whichever is longer to file a petition.

This is kind of confusing, but this is how it works. Generally, the sooner you get medical care, the better. Ultimately, you have up to 2 years and/or 1 year from the date of your last authorized medical care within which to file a petition.

Do Employers Retaliate if a Workers’ Compensation Claim is Filed Against Them?

Sometimes employers do start treating people in unfortunate ways. They are more aggressive towards them; they give them jobs that nobody wants to do; they try to change their work hours; they might even lower their pay.

This does happen occasionally. When it does, you must go to an employment and labor lawyer to take care of those situations.

Do People Generally Feel Antagonistic Towards their Employer, or Do they Just want to Recuperate and Return to Work?

Most of the time when people get hurt, they just want the employer to do what’s right. They want to receive their medical care; they want to get paid while they’re recuperating; and they want to get back to work.

Most people don’t want revenge. They just want to feel better.

Contact us for more information on Viable Workers’ Compensation Claim, a free initial consultation is your next best step. Get the information and legal answers you’re seeking by calling (954) 677-0155 today.

Florida Personal Injury Attorney David M. Benenfeld
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