What is Necessary to Collect Workers’ Compensation Benefits in Florida?
A few requirements apply in these cases.
Job injuries are disproportionately high in Florida, mostly because the Sunshine State has a disproportionate number of LEP workers. Limited English Proficiency individuals speak a non-English language at home and self-describe their English skills as average or worse. During safety training sessions, many employers do not provide interpreters. Even if they do, some workers may speak another language, and important information may get lost in translation.
Most LEP workers, and most other workers, live from hand to mouth. A few months without a paycheck, or even a few weeks without one, is often financially devastating. A Tampa workers’ compensation lawyer obtains the financial benefits these families need to stay afloat during this difficult time. Money has a positive effect on other areas as well. For example, workers who have fewer money problems can focus on getting better and getting back to work.
Employee
Independent contractors and other non-employees are not entitled to workers’ compensation benefits. However, employers cannot unilaterally designate workers as employees or non-employees, at least in this context.
Instead, a variety of factors apply, such as the amount of control the boss has over the worker, location of the work performed, tools supplied by the boss (if any), and comparative designations (i.e., are other workers in other similar situations employees or not).
The number of employees and non-employees in an organization sometimes contributes to employer workers’ compensation fraud. More on that below.
Work-Related Injury
An injury could be work-related, even if the injury does not occur on the employer’s property or during a scheduled work shift.
WFH (Work From Home) injuries are a good example. Usually, employers are responsible for such injuries if they occur during business hours or while the employee is working. It does not matter if the employee was going to the bathroom or engaged in another non-work activity at the time. Workers’ comp still covers such injuries if they occur on the employer’s property.
Additionally, the injury must be substantially work-related. A pre-existing or non-work condition, like a bad knee or a bad heart, often contributes to the risk and/or severity of injury in these cases. This contribution does not affect the amount of compensation available.
Valid Workers’ Comp Policy
A Tampa workers’ compensation lawyer can obtain these benefits only if the employer has a valid insurance policy.
Some employers are exempt from the mandatory insurance requirement, mostly because they only have a few workers or self-insure.
Other employers deliberately ignore the mandatory insurance requirement and do not buy insurance. In these cases, a Tampa workers’ compensation lawyer normally files a civil suit against the employer.
Still, other employers lie on insurance forms, mostly about the number of employees or the size of their payroll. When insurance companies discover these lies, they generally deny payment. Once again, a civil suit is usually an option in these situations.
No Defense
Workers’ comp is no-fault insurance. However, two limited defenses could apply in a few cases. Most workers’ comp policies do not cover horseplay injuries. The horseplay must be completely unrelated to the job. Additionally, most policies don’t pay compensation if the victim was under the influence of drugs or alcohol at the time.
Count on a Diligent Pasco 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 Dade City, contact the Rooth Law Firm. Virtual, home, and hospital visits are available.