Florida Personal Injury Attorney Serving Victims of Work-related Injuries in West Palm Beach, Sunrise and Ft. Lauderdale Areas
After a work-related injury or illness, you might be eligible for workers’ compensation.
Florida’s workers’ compensation is a form of insurance coverage that provides employees with compensation when they are injured or sickened by job-related duties. However, workers’ compensation payments are limited to wage loss based on percentages dictated by the State of Florida and medical care.
To receive workers’ compensation, you must meet two main eligibility requirements:
- You must be an employee of the company providing insurance; and
- Your injury must be work-related.
What is a Work-Related Injury?
Work-related injuries occur while on the job or performing tasks that are job-specific. These are not injuries you sustain while not working. Under workers’ compensation laws, your injury must occur during regular employment.
Common types of work-related injuries include:
- Broken bones
- Construction accidents
- Motor vehicle accidents
- Torn ligaments
- Strains and sprains
- Herniated discs
- Traumatic brain injuries (TBI’s)
- Amputated appendages
What about Repetitive Motion Injuries?
Not all states allow repetitive motion injuries, but the state of Florida does. Repetitive motion injuries are those that occur from utilizing the same motion over and over. Some common causes of these types of injuries are typing, industrial work, and operating machinery.
What is a Work-Related Illness?
Work-related illnesses are those you contract at work that affects your ability to return to work or your quality of life. Illnesses do not include the common cold you catch from a co-worker in the office. Instead, it involves diseases that might occur from frequent exposure to harmful toxins and chemicals, dangerous diseases you are exposed to (such as a nurse exposed to tuberculosis), and so forth.
Jobs that cause cancer in employees also apply.
Does Stress Count as a Work-Related Illness?
While your job could cause stress, it is difficult to obtain compensation for stress or work-induced anxiety. After all, stress can result from private life matters just as much as work-related issues.
There are rare instances where workers’ compensation might cover stress. However, it is when stress is directly associated with a physical injury or condition. For example, you are a firefighter. You have post-traumatic stress disorder after a severe fire and casualties, and you get physically hurt. In this case, workers’ compensation might cover you.
Also, if you suffer a heart attack due to the stress on the job and you have a physical injury, you might qualify as well for benefits under the law.
What Happens if the Employee is at Fault?
Florida law does not bar you from obtaining compensation just because you were at fault. Therefore, you can still collect workers’ compensation even if you were negligent.
There are exceptions to this generosity, however. If you were grossly negligent, drunk, or under the influence of drugs, you are not eligible for compensation. Fights among employees might also disqualify you for benefits, especially if you started the physical altercation.
Meet with an Attorney to Explore Your Options
If you have a work-related injury or illness, speak with a lawyer in Florida.
The attorneys at the Law Offices of David M. Benenfeld P.A, PA can help you with your workers’ compensation claim. Whether you need help in filing a claim and getting the benefits you are entitled to, or a lump sum settlement, we are here to ensure you receive compensation for your work-related ailments.
Schedule your free, no-obligation consultation now at 954-677-0155 or request more information online.