Florida’s workers’ compensation system was established to protect workers when there is an injury at work. The system provides for medical care, income benefits, and other benefits for the injured worker. In the case of death, the system provides benefits to the worker’s family. However, there are strict laws and procedures that govern Florida workers’ comp claims. You and your employer must take specific actions when you report an injury at work. Your employer should have protocols in place to report a workplace injury, including an injury caused by a co-worker.
Report Your Injury at Work Immediately
If a co-worker injures you, report the injury immediately. You want your employer to know how the injury occurred in addition to knowing about the injury. Your employer must file an injury report and arrange for medical treatment for your injury. Because your co-worker may provide a different story of how the accident occurred, you should also note the names of any witnesses to the accident. Provide the list of witnesses to your employer as soon as possible after the accident.
Keep Documentation
Keep copies of all documentation you receive related to your workplace injury. You should keep copies of all medical bills, reports, claims, and other evidence related to your workers’ comp claim, the accident, or your injury. Your injury should be covered as long as you were acting within the scope of your employment. In other words, the injury occurred while you were performing job-related duties.
Intentional Actions by Co-Workers
As discussed above, most injuries at work are covered by workers’ compensation insurance. However, injuries that occur because of horseplay are not covered by workers’ comp. If your co-worker injured you while the two of you were engaged in horseplay or other prohibited activities, your injury at work might not be covered. However, workers’ comp is a no-fault system. The employee or a co-worker could have caused the injury, and the injury is still covered by workers’ comp as long as the injury was work-related. When a co-worker causes an injury, the details of how the injury occurred can be very important. An insurance company may try to argue that the injury is not covered because it was an intentional act or the result of prohibited activity. Your best step is to contact an experienced Boca Raton workers’ comp attorney immediately if your claim is denied or you are not receiving workers’ comp benefits. Insurance covers most injuries at work, and you have the right to receive benefits under Florida’s workers’ compensation laws.
Call for a Free Appointment with A Florid Workers Comp Attorney
If you are being denied workers’ comp benefits for an injury caused by a co-worker, call our office immediately to talk to a Boca Raton workers comp lawyer. We have experience handling all types of workers comp claims, including complex issues such as injuries caused by co-workers. Call The Broderick Law Firm, P.L. at 1-800-333-3903 or use our online contact form to request additional information or schedule a free workers comp consultation. We represent individuals in West Palm Beach, Boca Raton, Fort Lauderdale & Miami, FL.