Is Every Injury Covered by Workers’ Comp in Florida?
Job-related injury or illness victims are entitled to substantial benefits.
Unless a few limited defenses apply, every job-related injury is covered by workers’ comp in Florida. Although employers cannot dispute liability (legal responsibility for damages), they can and do contest the amount of damages (injury compensation) they must pay victims. These damages usually include necessary lost wage replacement and payment of all reasonably necessary medical bills. Lawyer words like “necessary” and “reasonable” invite challenges.
Quite simply, workers’ comp insurance companies make money by collecting premiums and lose money by paying claims, and most companies, insurance or otherwise, abhor losing money. Insurance companies earn hundreds of billions of dollars every year, so they have ample resources to bitterly contest workers’ compensation claims. A Tampa workers’ compensation lawyer cannot match these resources. But David took out Goliath with a slingshot because David had right on his side.
“Job-Related” Injury
Florida law broadly defines this phrase. Basically, any activity is job-related if that activity benefits the employer in any way. Job-related activities do not start at 9 and end at 5, and they do not only occur “on the job.”
A Tampa workers’ compensation lawyer can obtain benefits for injured WFH employees. A home office or kitchen table is an extension of an onsite office. If WFH employees are injured while on their breaks, like a slip-and-fall in a bathroom, workers’ comp covers these injuries as well, just like it covers such onsite injuries.
Most after-work activities, even recreational ones, are also job-related. A company softball game is a good example. If Tim breaks his leg diving for a fly ball, workers’ comp benefits are available. The company’s name on Tim’s jersey is free advertising. Furthermore, the company benefits financially. Happy and healthy workers are more productive and take fewer sick days.
Kinds of Injuries
Falls and other trauma injuries occur suddenly and without warning. Car crashes, a far more common kind of job-related injury, fall into this category as well. If a victim’s pre-existing condition, like a bad knee, contributed to the risk and/or severity of a trauma injury, full benefits are available.
Hearing loss and other occupational diseases occur slowly over time. Workers’ comp pays all reasonably necessary medical bills in these cases, a category that includes ancillary costs, like prescription drugs, and post-hospitalization costs, like physical therapy.
If a non-work condition, like a side job as a hip-hop drummer, contributes to the risk and/or severity of injury, full benefits are available. A Tampa workers’ compensation lawyer must prove the work environment substantially caused the victim’s injury.
Workers’ Comp Defenses
Generally, no liability defenses are available in occupational disease claims. Two, substance use and horseplay, may be available in trauma injury cases.
Employers are not liable for benefits if the worker was under the influence of a legal or illegal substance at the time of the injury. Victims could have some alcohol or drugs in their bloodstream but not be under the influence of these substances. Furthermore, the chemical tests used in these situations are often inaccurate.
The horseplay defense applies if horseplay, which was completely unrelated to any job function, substantially caused a work-related injury. If the intrepid sportsman Tim broke his leg while doing a celebration dance, that injury would probably be covered by workers’ comp. It’s not completely unrelated to a job-related activity.
Count on a Diligent Hillsborough County Workers Compensation Lawyer
Victims need and deserve compensation for their serious injuries. For a confidential consultation with a board-certified workers’ compensation lawyer in Tampa, contact the Rooth Law Firm. Virtual, home, and hospital visits are available.