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Common Misconceptions About Workers’ Compensation In Florida


If you recently got hurt on the job, you may have discussed your injuries and the possibility of workers’ compensation with a friend, family member, or coworker. While the people you know may be helpful in some circumstances, it is important to know that there are many different myths and misconceptions about the Florida workers’ compensation system, and it is important to speak with a South Florida workers’ compensation lawyer before you jump to any conclusions. To be sure, even if your coworker says she or he does not think your injury is compensation, you should learn more about your eligibility for benefits by speaking with an attorney who is familiar with claims like your own.

In the meantime, here are some common misconceptions about workers’ compensation and our answers that are designed to dispel some of these myths.

Myth: I Am Ineligible for Workers’ Compensation Because My Job is Dangerous

Fact: An injured worker can be eligible for workers’ compensation benefits regardless of the danger associated with their particular job or profession. In fact, workers’ compensation benefits often are provided to injured workers in industries with known hazards, such as construction work, machine work, and trucking.

Myth: Only Large Companies Carry Workers’ Compensation Coverage, So I Am Likely Ineligible for Benefits 

Fact: Most employers in Florida are required to carry workers’ compensation. Indeed, any business that has four or more employees is required to have workers’ compensation coverage, regardless of whether those employees are full-time or part-time workers. And when it comes to construction work, construction employers must have workers’ compensation coverage for all employees, including any contractors who are getting paid for construction work. As such, you should never assume that your employer is not required to carry coverage since, in all likelihood, Florida law does require your employer to have workers’ compensation coverage.

Myth: Injured Employees Cannot Seek Workers’ Compensation Benefits If Their Own Negligence Resulted in the Injury 

Fact: The Florida workers’ compensation system, similar to many other state workers’ compensation laws, is an exclusive remedy that does not consider fault in awarding benefits. Regardless of whether an employer, the injured employee, or a coworker is at fault, the injured employee can be eligible for workers’ compensation benefits. To be clear, even if you were negligent on the job and your negligence resulted in the accident that caused your injuries, you are not barred from seeking workers’ compensation benefits.

Myth: I Will Need to File a Lawsuit Against My Employer in Order to Seek Compensation 

Fact: In most workplace injury cases, not only will it be unnecessary to file a lawsuit against your employer in order to seek financial compensation for a workplace injury, but the workers’ compensation system in most cases will not allow you to sue your employer. Instead, you can obtain benefits for medical care and lost wages by filing a workers’ compensation claim.

Contact an Experienced Pompano Beach Workers’ Compensation Attorney 

Do you have questions about your eligibility for workers’ compensation benefits in Florida? One of the experienced Pompano Beach workers’ compensation attorneys at our firm can speak with you today about your concerns. Contact the Law Offices of David M. Benenfeld, P.A. to learn more about the services we provide to injured workers in South Florida.


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