It is easy to be confused by the differences in a workers compensation claim in Florida and a personal injury claim. Both claims related to an injury and the damages incurred because of that injury; however, the laws governing these types of injuries are very different. Below are three differences that many people find confusing when they are injured on the job.
Partial Loss of Income Compensation
Many people assume they are reimbursed for ALL lost wages when they are injured at work. However, this is not the case. An injured worker only receives 2/3 of their lost wages in a workers comp claim compared to an accident victim who may receive full compensation for lost wages. Because an injured worker only receives partial compensation for lost wages, it is extremely important that workers comp benefits begin as soon as possible and are not interrupted unfairly to lessen the financial burden of a workplace injury on the employee and his or her family.
No Pain and Suffering Compensation
When you file a personal injury claim, you are entitled to demand compensation for your mental anguish, physical pain, and emotional suffering. However, Florida’s workers’ compensation laws don’t provide for this type of compensation under a workers comp claim. An employee who is injured in a workplace accident is much more limited in the types and amounts of compensation he or she can receive compared to someone who has a personal injury claim.
Negligence Is Not a Factor
The good news is that negligence is not a factor in a workers comp claim. To recover compensation under a personal injury claim, you must prove the other party was negligent in causing the accident that resulted in your injury. However, the Florida workers’ compensation system is set up more like an insurance system to ensure injured workers receive benefits when work duties or a work accident results in an injury. Instead of relying on placing blame on another party and proving fault, the workers’ comp system ensures you receive medical care after a workplace injury or illness. The system also compensates you for a portion of your lost wages while you are out of work recovering from your workplace injury.
Help Filing a Florida Workers Comp Claim
Filing a claim under Florida’s workers’ compensation laws should be straightforward. However, this is not always the case. The laws governing workplace injuries and accidents can be complicated depending on the circumstances surrounding the injury. Some employers and insurance carriers try to avoid paying valid medical expenses and benefits related to a workplace injury.
Our Boca Raton workers comp attorney want you to know you don’t have to go through this process alone. It is stressful enough dealing with a workplace injury and the financial stress caused by being out of work. You shouldn’t have to worry about appealing a denial or your claim or fighting for the benefits you are legally entitled to under Florida’s workers’ comp laws. Furthermore, our attorneys are also experienced, personal injury attorneys. If your case involves a third-party claim, we can help you file a claim against the third party for additional compensation.
The Broderick Law Firm, P.L. can help you obtain the benefits you deserve. Contact our office today by calling 1-800-333-3903 to speak with a Boca Raton workers’ comp lawyer.