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Fort Lauderdale Workers' Compensation Lawyer > Blog > Workers' Compensation > Can I Get Workers’ Compensation If My Own Mistake Led to My Injury?

Can I Get Workers’ Compensation If My Own Mistake Led to My Injury?

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We often hear from injured workers who are concerned about their eligibility to obtain workers’ compensation coverage because they know or suspect that their own error or negligence played a role in their injury. In other words, a construction worker might have failed to perform a check on a piece of safety equipment at work before it malfunctioned and caused injury, or a delivery driver might not have been properly buckled into the seat when another speeding or distracted motorist caused a crash in which the driver was injured. We want to be clear that the Florida workers’ compensation system is a no-fault system. What this means is that — in nearly all cases — it does not matter if you made a mistake, and that mistake was a factor in your injury. You can still obtain workers’ compensation coverage.

Our Fort Lauderdale workers’ compensation attorneys can tell you more about how the no-fault system works, and we can explain some general circumstances that are exceptions to the rule.

What is a No-Fault Workers’ Compensation System? 

With a no-fault workers’ compensation system, the injured worker not only can be eligible for workers’ compensation benefits even if their own negligence played a role in their injury, but they also do not need to prove that anyone else’s negligence resulted in the injury. The idea behind this no-fault system is that injured workers can get paid faster and can get the benefits they need more easily without having to go through a civil lawsuit to prove fault or negligence.

At the same time, it is important to understand that the no-fault system means that an injured worker cannot sue an employer or a co-worker for negligence, even if there is clear evidence that the injury resulted from the negligence of one of these parties. The workers’ compensation benefits are the exclusive remedy. The exception is when a third party is responsible for injuries — in those cases, it may be possible to file a lawsuit in addition to seeking workers’ compensation benefits.

Exceptions to Note 

The Florida no-fault workers’ compensation system means that most injured employees will be eligible for benefits as long as their employer is covered and they follow reporting and other related requirements. Yet there are exceptions to consider. Certain mental and nervous injuries, when they are not accompanied by a physical injury, will not be compensable (regardless of whose negligence or fault resulted in the injury). In addition, if your employer suspects that your own negligence resulted in the accident because you were under the influence of drugs or alcohol, a positive drug or alcohol test could prevent you from obtaining benefits.

Before you worry about an exception, you should discuss your case with an experienced attorney.

Contact a Fort Lauderdale Workers’ Compensation Lawyer 

Anyone who has been injured on the job and needs help seeking benefits should get in touch with one of our experienced Fort Lauderdale workers’ compensation attorneys at the Law Offices of David M. Benenfeld, P.A. today. We have years of experience representing injured workers and their surviving family members, and we can assist you in seeking the benefits you need at this difficult time. Do not hesitate to reach out to our firm to find out about how we can help you.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0440/0440ContentsIndex.html

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