What Does Course And Scope Mean In a Florida Workers’ Compensation Claim?
What is a Workplace Injury?
A workplace injury is any injury that occurs while an employee is performing duties in the course and scope of his or her job. Injuries can happen in a variety of ways including falls, burns, machinery, and toxic fumes. Even injuries that are the result of repetitive motion such as carpal tunnel syndrome can be covered by workers’ compensation. With very few exceptions, employers in Florida are required to carry workers’ compensation insurance.
What Benefits Do I Receive If I Am Injured At Work?
Florida’s workers’ compensation laws are designed to ensure that injured employees receive the medical care they need in order to recover from a workplace injury. Injured workers may also be entitled to other benefits including financial assistance while they are out of work due to a workplace injury and compensation for permanent disabilities caused by a workplace injury. In the event an employee dies from a workplace injury, the employee’s survivors may be entitled to death benefits.
Defining a Workplace Injury – Course and Scope?
For an injury to be covered by Florida’s workers’ compensation laws, the injury must have been sustained by the employee during the “course and scope” of his employment. Course and scope is a legal term used in workers’ compensation law. It refers to job-related duties and tasks so the definition of course and scope will vary depending on the type of job and the employee’s job title.
For example, a secretary would probably be working within the course and scope of her employment if she left her desk to go to the copier to make a copy of a contract had typed and fell while she was walking back from the copier. However, she would not be within the course and scope of her employment as she was driving home from work and she had an accident on the way home. However, if the secretary’s job duties include going to get the mail from the post office each day and she has a car accident on her way back to work, she could then be within the course and scope of her employment even though she was driving her personal vehicle.
An employer and/or its insurance carrier may try to argue that an injury occurred outside of the course and scope of employment to avoid paying a workers’ compensation claim. They may allege that the employee deviated from his job duties; therefore, he is not covered by workers’ compensation. If this happens, the employee should contact a Boca Raton workers’ compensation attorney as soon as possible. An experienced workers’ compensation lawyer can often argue in favor of course and scope if the employee was truly performing job-related tasks.
Do You Need A Boca Raton Workers’ Comp Attorney?
The law does not require you to hire an attorney if you have a workplace injury; however, it is often in your best interest to consult with an attorney. Workers’ compensation should be an automatic claims process; however, it often turns into a battle between the employee and the insurance company.
If you have been injured at work, call The Broderick Law Firm, P.L. at 1-800-333-3903 for a free consultation.