Can You Be Disqualified From Receiving Workers Compensation in Florida?

In 2020, 275 Florida workers suffered fatal work-related injuries. According to the same report, transportation and fall incidents are primarily to blame for the number of workplace fatalities in the state.

Because of the varying risk factors evident in each industry, the government made it mandatory for every company of all sizes to allocate financial support to their employees. This monetary support is called workers’ compensation.

Unfortunately, not all workers can exercise their right to utilize their compensation. Knowing the disqualifying factors of workers’ compensation in Florida will help you understand your rights as an employee.

What Is Workers’ Compensation?

Workers’ compensation, or work comp, is a government-mandated benefit program in the US. This program provides financial support to employees who suffer work-related injuries or illnesses.

In Florida, employers with four or more employees must provide workers’ compensation for all their employees. The scope of this law covers both part-time and full-time employees.

However, industries at greater risk in terms of work-related injuries (i.e., construction and agriculture sectors) have special provisions. Employers from these industries are required by the law to provide coverage even to contractual employees.

What Does It Cover?

Generally, workers’ compensation insurance covers the following:

• Disability benefits: Whether the employee suffered a temporary or permanent disability, they are entitled to receive a portion of their wages lost while recovering. The amount of wage replacement will depend on the employee’s ability to return to work.
• Impairment benefits: An employee may sustain an impairment after an accident limiting their ability to perform their work. This benefit aims to cover the medical expenses and provide financial security to the employee.
• Medical benefits: This benefit covers the medical expenses related to the diagnosis and treatment of the employee’s work-related injury or illness.
• Vocational rehabilitation: If an employee cannot return to their previous job because of their injury, this benefit will help them receive the necessary training for a new job.
• Death benefits: If an employee dies because of a work injury or illness, their surviving family members are entitled to death benefits.

What Are the Grounds for Disqualification?

Although workers’ compensation aims to provide monetary assistance to every employee, some grounds would disqualify workers from enjoying their benefits. These grounds are as follows:

Breach of Standard Procedures

When performing a routine or a standard task, an employee is expected to follow company procedures to avoid accidents. However, if the employee disregards these safety procedures and suffers an injury, they are not qualified to receive workers’ compensation.

Standard operating procedures are enacted to protect employees from any harm. When employees ignore these procedures, they knowingly put themselves at risk of suffering an injury.

Self-inflicted Injuries

Employees who intentionally injure themselves are not qualified to receive workers’ compensation. This is because the company cannot be held liable for an injury that the employee inflicted on themselves.

Moreover, staging an act to receive workers’ compensation is a form of fraud. If an employee commits this act, they may be subject to fraudulent charges and face legal penalties.

Under the Influence

Employees who are under the influence of drugs or alcohol at the time of their accident are not qualified to receive workers’ compensation. Drunk or drugged employees are more prone to accidents because their judgment is impaired.

The employee has put themselves in a dangerous situation that led to their injury by subjecting themselves to drugs and alcohol. The company cannot be held liable for damages caused by the employee’s own choices.

Late Filing of Claims

An employee who sustained a work-related injury must immediately file a claim to their employer. The employer will then report the incident to their workers’ compensation insurance carrier.

However, if the employee does not file a claim within 30 days, they might be disqualified from receiving benefits. The late filing of claims is often used as a basis for the denial of benefits.

Because of this, it’s vital to immediately notify the management about any work-related injury to avoid any denials in the filing of claims.

How Can You Establish Liability in a Workplace Accident?

The validity of your case is only as strong as the evidence your party presents. Your party will have to demonstrate that the employer is liable for the accident by providing proof of negligence. Here are some pointers to ensure the approval of your workers’ compensation claim.

Report the Accident Immediately

First and foremost, you must notify your supervisor or employer of the accident. It’s best to put the notice in writing to have a paper trail of the accident.

When reporting the accident, be as detailed as possible. Include everything from the time and place of the accident to how it happened. The more information you can provide, the better.

Collect as Much Tangible Proof as You Can

After you have reported the accident, it’s time to start collecting evidence. Take pictures of the scene of the accident and your injuries. These photos will help establish what happened and how severe your injuries are.

If possible, try to get video footage of the accident. This will provide a nonpartisan account of what happened.

Fill Out Accident Forms Accurately

Filing for a workers’ compensation means completing a large amount of paperwork. You must fill out these forms as accurately as possible. Your employer can use any inaccuracies in the documents against you to deny your claim.

Explain the Accident Thoroughly and Remain Consistent

You will be asked to state your accounts of the accident. You must be as detailed as possible in your explanation.

You should also make sure that your story is consistent with the information you provided in the accident report. If there are any ambiguities in your account, the court can use them against you to deny your claim.

Find a Personal Injury Lawyer

A personal injury attorney can help you with every step of the workers’ compensation process. They can help you gather evidence, fill out forms, and give your statement. Most importantly, a personal injury lawyer will ensure that your rights are protected throughout the process.

Protect Your Rights by Hiring a Lawyer

Recovering from a workplace accident is a long and difficult process. The last thing you want is to be denied the benefits you rightfully deserve.

An experienced personal injury lawyer can help you recover the compensation you need to cover your medical expenses and lost wages. Schedule a free initial consultation with our esteemed workers’ compensation attorney in Florida now!