Will Workers’ Compensation Cover My Injuries If The Accident Was My Fault?
Brian O Sutter
Workers’ Compensation
Workers’ compensation is a system designed to protect both employees after they’ve been injured as part of their normal job duties and employers from costly personal injury cases. However, in the state of Florida, workers’ compensation laws are very complex. So filing a claim isn’t always straightforward. Insurance companies, attorneys, and courts look at the specific circumstances of the accident and try to apply the law as best fits before determining benefits. There are certain circumstances where this can be really complicated, such as when the accident was your fault.No Fault Workers’ Compensation In Florida
Fortunately, in the state of Florida, workers’ compensation is on a no fault system. Workers who file for workers’ compensation do not need to prove fault. So if the accident was your fault, it does not matter. The law understands that people can sometimes make mistakes that can lead to injuries. For example, if you forgot to put your machinery in park and you were subsequently hit by it.
Exceptions To Florida’s No Fault Rules
Even though Florida uses a no fault system, there are some exceptions where the accident was your fault and your claim will be denied including:
● You were under the influence of drugs or alcohol when the accident occurred
● You were acting belligerently and dangerously
● You deliberately injured yourself to receive workers’ compensation benefits
In these cases, you were not doing what the job required and therefore, you will not be covered by workers’ compensation.
What Happens If An Employer Retaliates
The no-fault system is very helpful to ensure workers’ compensation claims move quickly and do not unnecessarily punish anyone. However, many employers do not want to pay any claims and will deliberately retaliate. This can happen several ways. For example, if the injury was your fault, your employer may falsely claim you have no right to file for workers’ compensation. They may also pushback on your claims, and claim falsehoods about you and the circumstances. In some cases, they may even threaten to fire or demote you if you file. All of these actions are illegal. So if your employer retaliates, you need to speak with an attorney that specializes in workers’ compensation immediately.
How An Attorney Can Help You
Filing a workers’ compensation claim is a difficult process and no matter the circumstances of the accident, you’ll need someone who can help protect you. Our workers’ compensation attorneys at All Injuries Law Firm will not only help fight for your right to compensation but will ensure that you receive all your benefits including:
● The costs of the medical bills, equipment, and prescriptions related your injury
● Lost wages and benefits for the period you are out of work
● Mileage reimbursement to and from your medical appointments
● Temporary or permanent disability
You may also receive compensation for job training if your injuries are so severe you can no longer work in your industry.
No matter who is at fault for your workers’ compensation injuries, you have a right to fair treatment. If your claim is being denied or your employer is retaliating, know you don’t have to face these things alone. You have support. Our team at All Injuries Law Firm has worked with victims of workplace injuries for over 30 years in the South Florida area. We understand all the laws and can help make sure that your rights are protected.
To learn more, contact us toll free at 1-888-393-9036 for a free case review. Our knowledgeable attorneys will answer any questions you have and will provide you with some options of what you can do next. Call us anytime, we’re always here for you.