Accidents happen everywhere, but when they occur in the workplace they don’t just affect our health, they affect our livelihood as well. Feeling unsafe in one’s job environment is highly disadvantageous since, in most cases; a person has to go to their workplace on a daily basis. Luckily workplace compensation is available for all employees as a form of aid and relief for their suffering.
Florida is a pure comparative negligence state
If an employee gets injured because their employer failed to secure proper safety protocol then they can rest assured they will be covered by workplace compensation. In fact, in many states, even if the workers were partially responsible for their own injury, they are still eligible for workplace compensation. Say for example a worker handled a machine in an improper manner and it led to him getting his arm severely injured. Even though the worker was wrong in this situation they will still be eligible for workplace compensation.
What cancels out workplace compensation?
However, there are a few extreme cases in which one will not be eligible depending on which state one resides in. Let’s take a look at these scenarios.
Intoxicated at the time of injury- If an individual was intoxicated through alcohol or other drugs during the time period in which they received the injury, workers compensation most-likely will not be given. In fact, a person can even be barred from ever receiving workers compensation if they fail to prove that they were not intoxicated.
Purposeful self-injury- If an employee harms himself on purpose and then blames their employer, they will not receive workers compensation and once again they may be barred from ever receiving it in future circumstances.
Safety policy violation- If a worker was injured due to not following their company’s safety policy (they were not wearing the proper equipment while they were working) then they will not be eligible for workplace compensation.
Mental and emotional harm is generally not covered through workplace compensation as well. Also, the complaint should generally be filed within 30 days in most cases, and ultimately within 2 years for it to be considered legitimate.
When will I start getting my compensation in Boca Raton, FL?
Workers who qualify for workers compensation in Florida, in particular, will receive compensation based on how serious their injury is. generally, if their injury is expected to last less than 21 days then they will receive compensation starting from day 8 of their injury. However, if their injury is long-term then they will receive compensation from the first day they were injured. A person can receive compensation up to 6 months if they were receiving 80% of their wages, or they can receive it for up to 104 weeks in other cases (when only TTD/TTP was being received.)
Get an accident attorney involved
If a worker feels like they fit the criteria for workers compensation they should call in an accident lawyer as soon as possible to start the application process. In most states, individuals who have been harmed in the workplace cannot file a lawsuit against their employers. Their only avenue is to go through workers compensation in order to be properly compensated for the harm which they suffered. An accident attorney such as Oscar Syger in Boca Raton, FL can help workers with their case and increase the chances of them getting as much workers compensation as possible until they have recovered again.