What Is Not Covered By Worker's Compensation in Florida?
Brian O Sutter
Workers’ Compensation
If you have a job in Port Charlotte, Florida, you are already well aware of worker's compensation and what that entails. However, you may not know what is actually covered and what is not. Worker's compensation is meant to provide medical benefits coverage for an employee who has been injured at work. It typically covers doctor visits, hospitalization, tests, prescription drugs, physical therapy, and sometimes even travel expenses when going for medical treatment.
A worker's compensation insurer, under Florida law, is required to provide an authorized physician. They then must pay for all authorized and medically necessary care and treatment after a work-related illness or injury.
Who Is Eligible?
Most private employers in and around Port Charlotte must carry worker's compensation coverage. You need to be an employee, not an independent contractor, to be eligible for these benefits. Additionally, the injury sustained must be work-related and must have been reported to the employer in a timely manner.
The injury must be reported by the employee within 30 days. After this, the employee has up to two years to file their claim. Employees excluded from worker's compensation coverage include government workers, volunteers, agricultural workers, maritime workers, and sole proprietors.
What Is Not Covered?
When it comes to what is not covered under worker's compensation in Port Charlotte, Florida, you will find that losses related to pain and suffering are on the list of exclusions. If there is any kind of emotional distress following the incident, the employee will need to provide significant evidence showing that these problems are linked to the injury. Even in these cases, the odds of receiving compensation are slim.
Any injury caused by a personal behavioral problem is also not typically covered under worker's compensation. This includes fights with coworkers over personal problems and acting irresponsibly while on the job.
Additionally, worker's compensation coverage will not cover off-work activities that may have resulted in injury. For example, if you left the premises on your lunch break and slipped and fell, this is not covered by worker's compensation. You are also not covered if you become injured during your commute to and from work.
However, suppose you were on the clock while driving a company car to conduct business, and you were involved in an auto accident. In that case, worker's compensation may provide coverage in this case. Overall, you will find that worker's compensation coverage is for all work-related duties that an employee engages in to benefit their employer.
Do You Need Help?
If you find yourself needing help filing your worker's compensation claim or you have recently received a denial, you should contact the Employee Assistance Office at the Florida Division of Worker's Compensation to learn more about your rights. If you feel that your worker's compensation claim was denied unfairly, you may also want to enlist the expertise and advice of a qualified and experienced worker's compensation attorney.
Don't let your worker's compensation claim denial be the end of your story. Contact your attorney today so they can review your case and see if the denial was fair. If not, they can fill you in on your rights as an employee and can help you get your claim denial overturned, so you can receive the compensation you rightfully deserve following a workplace accident.