What Types of Injuries are Not Covered By Florida’s Worker’s Compensation Laws?
Most injuries that occur in the normal course of your employment will be covered by worker’s compensation. However, some injuries do not qualify for coverage such as mental anguish due to stress at work or problems with a boss or co-worker. Worker’s compensation also does not cover injuries related to the use of narcotics, alcohol, or other controlled substances.
If you are in doubt whether an injury is covered by Florida’s worker’s compensation laws, you should file a claim. You must report the accident or injury to your employer within seven days or your claim will be denied even if your injury qualifies for benefits. Furthermore, you must file claims with the Division of Administrative Hearings no later than two years from the date of the injury or accident. Failure to meet all of the required deadlines will result in your claim being summarily denied as an untimely filed claim.
What Types of Claims are Covered by Florida’s Worker’s Compensation Laws?
Worker’s compensation is designed to pay for medical treatment when an employee is injured on the job. It also provides financial support during the time the employer is out of work. Worker’s compensation does not fully reimburse you for your lost wages; however, it does pay about two-thirds of your wages while you are out of work due to a work-related injury.
Worker’s compensation is an exclusive remedy when you are hurt at work. You may not sue your employer for an accident at work unless the employer did something on purpose to cause your injury. Negligence is not a cause of action to sue an employer for a workplace injury.
Therefore, most injuries and illnesses that are work-related are covered by worker’s compensation. Examples of work-related injuries that are covered by workers’ compensation in Florida include:
- Illnesses or injuries caused by repetitive actions or motions
- The acceleration or aggravation of a pre-existing condition
- Illnesses related to repeated exposure to dangerous chemicals, mold, fungus, toxic fumes, and other hazardous materials
- Injuries sustained in a fall
- Injuries sustained from a vehicle accident while on the job
- Injuries related to an accident involving a piece of machinery
Fatalities on the Job
Unfortunately, some workplace injuries result in death. When this happens, worker’s compensation pays benefits to the surviving family members. Benefits include:
- Funeral, burial, or cremation expenses up to $7,500
- Compensation for the surviving spouse to attend postsecondary education classes if desired
- Death benefits paid to the spouse, children, parents, or siblings based on a percentage of the employee’s wages at the time of death
Worker’s compensation does not fully replace a worker’s income in the household. Benefits are designed to help the family transition into a budget that does not include the deceased worker’s income.
Have You Been Injured on the Job?
If so, you need legal representation to ensure you receive the compensation you are entitled to receive by law. In some cases, an employer or insurer will attempt to deny a valid claim. Our worker’s compensation attorneys can help you dispute the denial so you can receive your benefits.
Contact the Broderick Law Firm, P.L. today to schedule your free consultation. We represent individuals in West Palm Beach, Boca Raton, Fort Lauderdale & Miami, FL.