Law Firm Blog

What is Workers’ Compensation?

Workers’ Compensation is insurance purchased by employers to cover any job-related injuries employees may suffer.  Florida state law requires all employers to purchase workers’ compensation unless they fall into a very small category of exempt employers.  Employees have a right to recover workers’ compensation benefits even if they are at fault, but employees cannot receive workers’ compensation benefits if intoxicated or under the influence of narcotics at the time of the accident.

When an employee is injured on the job and cannot go back to work, workers’ compensation benefits may be the only means available to pay bills, buy groceries, and take care of family.  Workers’ compensation covers medical bills for diagnosis and treatment and serves as a wage replacement until the employee is able to return to work.

The state of Florida implemented the workers’ compensation system to provide injured employees with an alternative to suing their employers when injured on the job.  In Florida, workers’ compensation is the exclusive remedy for injured employees.  Recently, however, a Florida Circuit Court ruled that the exclusive remedy provision in Florida’s workers’ compensation law is unconstitutional because it is no longer reasonable as the sole remedy for injured employees.  If the Circuit Court ruling is upheld on appeal, Florida’s 80 year old workers’ compensation system will have to change, and injured employees will have the right to sue their employers in court.

Often, even though an injured employee is entitled to workers’ compensation benefits, insurance companies will delay paying their claim, and in some cases, deny it altogether. No one should take on an insurance company alone, without a skilled and experienced workers’ compensation attorney.

Claimants are not required to be represented by an attorney when reaching a settlement agreement, but anyone who has a workers’ compensation claim should consult a board certified workers’ compensation lawyer before they even begin settlement discussions with the insurance company’s representative.

If you have been injured on the job or have been denied workers’ compensation benefits, contact me, attorney Joe Rooth. I am a board certified workers’ compensation lawyer in New Port Richey,  serving the Tampa Bay and Central Gulf Coast area. I fight to get you the workers’ compensation benefits you deserve.  Office in New Port Richey, Spring Hill,

Seminole and Clearwater. Contact us today for a free initial consultation.

roothlawyerWhat is Workers’ Compensation?