Who Is Eligible to File a Workers’ Compensation Claim in FL?

When you’re working, whether you’re in the construction industry or you work an office job, the last thing you anticipate is sustaining an injury on the clock. Unfortunately, these accidents do happen, but many employees are unsure if they are eligible to file a claim for workers’ compensation. If this reflects your circumstances, you’ll want to keep reading, as the following blog explores what you must know about these difficult times and why it’s in your best interest to connect with a Florida workers’ compensation attorney to discuss your legal options.

What Is Workers’ Compensation?

Workers’ compensation is a form of insurance that companies can carry that, as the name suggests, helps compensate employees who sustain injuries on the job. This allows you to recoup compensation without filing a lawsuit against your employer. Typically, if you are injured on the job, you cannot file a claim against your employer unless there are exceptions caused by gross negligence or intentional injury.

Generally, if you are an injured employee and you file a claim for workers’ compensation, you can recieve benefits to help cover the cost of your medical expenses, any wages lost if you were required to take time off of work to heal, funeral costs in the event of a wrongful death, and legal fees. As such, you are generally only able to recover the cost of monetary damages. You will be unable to recover compensation for pain and suffering or emotional injury through workers’ compensation.

Who Qualifies to File a Claim?

Generally, any employee who becomes injured or falls ill as a result of their job duties is likely eligible to file a claim for workers’ compensation. In Florida, all non-construction companies with four or more part-time or full-time employees must carry workers’ compensation insurance. All construction companies, regardless of how many employees they have, are required to carry this insurance.

However, there are additional requirements that workers must meet in order to be eligible to file a claim. Generally, this includes the injury or illness you’ve sustained that occurred as a direct result of your job duties. This could include a singular instance, such as a slip and fall while walking through a warehouse, or prolonged and repeated exposure to hazards that result in an illness.

Additionally, you should note that there are some exceptions to when you can receive this coverage. In most instances, you can receive compensation for injuries, even if they are entirely your fault. However, if your injuries are not work-related, you were intoxicated on the job, your injuries are the result of rough-housing, or you were engaged in a physical altercation with another employee, you will not be eligible to receive benefits for the injuries you’ve sustained.

If you have sustained an injury while working, it’s in your best interest to connect with a workers’ compensation attorney with the Law Firm of Kevin A. Moore. Though the insurance company may claim to be on your side, their main goal is saving money, even if it means offering you less than you deserve. Our firm can help you through the filing process while fighting to recover the compensation you deserve. Contact us today to learn how we can fight for you.