How Can I Determine If My Work Injury is Compensable?

Going to work should not involve getting hurt on the job, yet workplace injuries — and injuries arising out of a person’s employment — occur more often than you might think. While we cannot necessarily plan for a workplace injury, we can all learn more about how the Florida workers’ compensation system works in order to understand the necessary steps for seeking and obtaining compensation in the event of an injury. If you were recently injured, or if you have concerns about a possible workplace injury in the future, you are likely wondering: how can I determine if my work injury is compensable? Whether or not a workplace injury is compensable will depend upon a range of factors, many of which will be specific to an employee’s circumstances. As such, it will be essential to speak with an attorney to determine whether your injury is compensable.

In general, however, an experienced Pompano Beach workers’ compensation lawyer at our firm can tell you more about some of the key factors in determining compensability of a South Florida work injury.

Is Your Employer Required to Have Coverage?

First, is your employer required to have coverage? Generally speaking, any construction industry employer must have coverage (even if they have only one employee), while most other employers are required to have coverage if they have four or more employees.

Did Your Injury Arise Out of Your Employment?

For an injury to be compensable through the Florida workers’ compensation system, it must arise out of the injured worker’s employment. Injuries that occur on a worksite, as well as injuries that occur while an employee is at work or working (whether this means driving a delivery truck or working from home) can be compensable.

Did You Report Your Injury Within 30 Days?

Injuries generally must be reported within 30 days from the date of their occurrence to be compensable.

Have You Seen an Approved Medical Provider?

For an injured worker to have continued eligibility for workers’ compensation benefits, they must be receiving health care from an approved provider. An initial, emergency visit can be with any provider, but all subsequent and follow-up visits must be with a provider who has been approved.

Other Considerations

There are also other considerations, depending upon the type and nature of the injury. For example, certain mental or psychological injuries can be compensable in some situations, but other conditions must be met. For certain occupational diseases to be compensable, for instance, the injured worker also must be able to meet additional requirements that a lawyer can discuss. Other considerations will often depend on the details of your injury, so it is important to talk to a lawyer.

Contact Our Pompano Beach Workers’ Compensation Attorneys

Were you injured at work in Pompano Beach or elsewhere in South Florida? One of our experienced Pompano Beach workers’ compensation lawyers at the Law Offices of David M. Benenfeld, P.A. can speak with you today about your case. We can assess your injury and the circumstances surrounding it, and we can help you to seek the workers’ compensation benefits you need. Contact us today for more information.

Source:

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