In Florida Workers Comp Often Won’t Cover Everything
Brian O Sutter
Workers’ Compensation
Florida residents that work full-time or part-time in North Port or Punta Gorda are financially protected from accidents at work by workers compensation, or “workers comp.” As the name suggests, this is financial compensation that steps when an employee cannot work and deals with the extra burdens of medical treatment costs and lost wages.However, while workers compensation is there to provide employees with protection and peace of mind, it should not be regarded as a universal solution for all the mishaps that can occur at the workplace. Workers comp has a specific role to play for those employed, and there are plenty of situations where it will not “come to the rescue.” Here are some of the situations that workers comp will not cover.
Horseplay
While injuries on the job can happen, the nature of an accident plays an important role in determining whether workers comp will be awarded. “Horseplay” is one of those situations where an injured worker is unlikely to receive any workers comp.
An honest accident that couldn’t have been avoided or was the result of negligence from another party is exactly what workers comp is designed to protect employees from. However, an injury that workers bring upon themselves because they act irresponsibly is another.
For example, if construction workers were juggling power tools that were activated and then dropped one of those power tools on a hand or foot, causing an injury, workers compensation would not be awarded in this scenario. This is an act of negligence on the part of the workers themselves, and so they are responsible for their injury, not a victim of outside circumstances.
Altered State Of Consciousness
Even if an accident is legitimate and occurs at the workplace, if the activity accompanying the accident involves drunkenness or drug use, it will not be covered. For example, under ordinary circumstances, if a driver who delivers cargo, documents, or even food is caught in a traffic accident where someone else was a distracted driver, consulting their phone instead of paying attention to the road, workers comp would usually step in as the working driver was not at fault in this incident.
However, if a driver has consumed alcohol or drugs and is driving in an altered state that causes them to get into an accident, workers comp would not be provided in this instance. Drunk or drugged driving is illegal, and sober driving likely would have avoided the accident in the first place,
Natural Disease Unrelated To Work
In some cases, it’s possible for a workplace to cause an illness. For example, contractors clearing out an older building risk lung cancer if they unknowingly work in a structure where asbestos particles freely drift in the air. If a workplace doesn’t protect workers from this type of occupational hazard, workers compensation will likely come into play to protect worker welfare.
However, if a worker is a chronic smoker diagnosed with lung cancer directly from smoking, workers comp will not be a factor in that worker’s finances. This disease was not brought by the working environment but by that specific individual’s lifestyle choices.
Handling Your Losses
Workers compensation is designed specifically to alleviate financial burdens on employees, such as:
• Lost wages from being unable to work
• Medical expenses from treatment
• Temporary or permanent disability
However, while workers comp should be a straightforward process, it does not always work out that way. Disputes about the claim and disagreements about whether workers comp should be awarded or denied based on circumstance can affect payments. If your rightful workers comp claim has been denied, talk to a workers comp attorney about looking into your case and helping you to resolve the dispute so that your claim can be honored and you get the compensation you’ve earned.