Are All Workplace Injuries Compensable Through Workers’ Compensation?
Many types of workplace injuries in South Florida are compensable through the workers’ compensation system, but there are some exceptions that injured employees and their families should know about. Generally speaking, you should not worry that you will need to prove negligence in order to be eligible to receive medical benefits or wage replacement benefits, or that your own workplace error or negligence could result in your being denied compensation in Sunrise, Florida. Since the Florida workers’ compensation system, similar to other states, is a no-fault system, there is no need to prove that another party is at fault for the injuries, or for a worker to show that she or he was not also at fault for the accident. Regardless of fault or negligence, in most cases, an injured worker can be eligible for benefits.
Our South Florida workers’ compensation attorneys know how complicated the workers’ compensation process can be, and we want to tell you more about the compensability of injuries in various workplace situations.
Your Injury Must Arise Out of the Course of Your Employment
In order for your injury to be compensable, it must arise out of the course of your employment. To be clear, this requirement under Florida law does not necessarily mean that your injury must occur on a jobsite, or that it must occur when you are actively performing a hazardous work task. Rather, the injury must occur while you are engaged in the ordinary work that your job requires. This might mean that you are actively performing a work task on a specific job site, but it also might mean that you are on the road making a delivery for your boss, or that you are on a quick rest break.
Your Injury May Not Be Compensable in Some Circumstances
While many different types of workplace injuries are indeed compensable through the Florida workers’ compensation system, there are some types of injuries, or circumstances in which a worker sustains an injury, that will not be compensable. The following are examples of situations in which an injury might not be compensable, but you should always have a Sunrise workers’ compensation attorney evaluate your case before you draw any conclusions:
- Injuries you suffered during an optional recreational activity sponsored by your employer, such as a workplace kickball game;
- Injuries sustained while you are traveling to or from work, or commuting to or from your job and travel is not paid and/or part of the job;
- Injuries you sustained in the course of your employment while you were intoxicated and had a blood alcohol concentration beyond the legal limit; or
- Injuries that acted up on the job due to a preexisting condition but were not aggravated by your work duties; or
- Mental or nervous injuries resulting from stress, fright, or excitement on the job.
Seek Advice from an Experienced Workers’ Compensation Lawyer in Sunrise
If you have any questions about whether or not your work injury is compensable, one of our experienced and dedicated workers’ compensation attorneys in Sunrise can evaluate your case for you today. You should always have a lawyer take a close look at your case, and you should know that, in many situations, injuries sustained on the job will be compensable through the workers’ compensation system. Our firm is here to help. Contact the Law Offices of David M. Benenfeld, P.A. for more information.