Nobody plans to get injured on the job, but workers’ compensation is an extremely common (and, in most cases, mandatory) insurance policy that is intended to protect both you and your employer from the financial repercussions that a workplace injury can cause. This type of “no-fault” protection provides those who have been injured on the job with financial compensation to cover for things like medical bills, lost wages, and short-term disability. In addition, it protects employers from being held liable for an accident that their employee is hurt in. When an employer has workers’ compensation, it protects them from being sued or being financially responsible for non-economic damages.
Filing a workers’ compensation claim is simple at first glance, but working with a lawyer is the best way to ensure that your claim is filed properly and that you are seeking payment for all possible factors. The King Law Firm provides victims of workplace accidents with a free consultation to learn more about their options through this process.
Are You Covered By Workers’ Compensation?
The first step to determining if your situation qualifies for workers’ compensation is to ensure that you are actually covered by this policy. Generally, you must meet the following requirements:
- You are an employee
- Your employer has workers’ compensation
- You must have been injured on the job (or while doing something work-related)
If you meet these requirements, or if you are unsure, talk to your boss (and an attorney, too).
You Are an Employee Where You Were Injured
In some cases, this is obvious: if you were injured at a grocery story, but you were shopping, then you may be the victim of something called a slip and fall, but you definitely aren’t covered by workers’ comp. However, if you are a grocery store employee and you are injured while you are working, then you have the first requirement covered.
Your Employer Has a Workers’ Comp Policy
There are certain circumstances where employers are not required to carry a workers’ compensation policy, such as if they have fewer than four employees, no matter how much they work. In nearly all other instances, your boss is required by Florida law to have a policy. If they do not, then you need a lawyer immediately, because you will be seeking compensation with a different method.
Your Injury or Illness is Work-Related
If you break an arm over the weekend while you are doing yard work, you are not entitled to workers’ compensation coverage since your injury is not related to your work. However, if you are injured while doing something work-related then you are likely covered. There are some grey areas to the question of what is “work-related,” so again, if you are injured and you think that you deserve coverage, call a lawyer now.
Can You Get Coverage If You Caused Your Own Injury?
As mentioned above, workers’ compensation is a “no-fault” insurance policy, meaning that the compensation is issued regardless of whether or not you are the victim of someone else’s actions. This is great for both you and your employer because you can’t hold your employer liable for your injuries, but you can collect on this policy even if you were the one that caused the accident. This does mean, though, that your payout may be lower than if it were a personal injury case; that said, knowing that you are covered in any incident is a major benefit.
