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Do I Have a Workers’ Comp Case?
A person suffering an injury or illness at work may have a workers’ compensation claim. Suffering a fall, being hurt in a truck accident, or being involved in an altercation with another worker could be examples of work-related injuries if they occurred while at work performing work-related tasks.
However, there are numerous rules and stipulations that apply to whether or not you have a workers’ comp case. At Ara Work Injury Law, workers’ compensation attorney Ara Gechijian can help you determine if you have a case and what legal steps you can take to verify your claim.
Qualifications for a Workers’ Comp Case in Florida
To be eligible to file a workers’ compensation claim in Florida, the work must be work-related and occur during the course of your employment.
That means that whatever occurred had to happen while you were performing work-related duties for your employer or you were engaged in some type of work-related activity.
As long as the injury or illness is work-related, regardless of where the accident took place, it may still fall under workers’ compensation claims.
For example, if you are hurt in your office building, that qualifies as a work-related injury. If you are hurt on a job site, even if that job site is not your official place of employment, but you were providing work-related activities, that will qualify in many cases.
Determine if the Incident Is Covered
To qualify for a workers’ compensation claim, you must suffer the injury at work or due to your work-related activities. This could include both illness and injury. The burden of proving that the incident occurred at work is on you, though, and that can be challenging. Some examples of common workers’ compensation injuries in Florida include:
- Broken bones
- Slip and fall-related accidents, including head and back injuries
- Spinal cord injuries
- Burns
- Vehicle accidents
- Machinery or equipment-related accidents
- Explosions
- Overexertion injuries
- Repetitive stress injuries
- Cuts and lacerations
- Exposure to chemicals or toxic materials
In these situations, it is critical that you take legal action to protect yourself. To do that, seek out medical care right away. Your employer must provide you with information on where you can go to get medical care for your injuries. If it is an emergency situation with life-threatening complications, go to the nearest emergency room for care.
Insurance Verification
Determine if your employer is required to maintain workers’ compensation insurance coverage. Under Florida workers’ compensation laws, all non-construction industry employers must carry workers’ compensation insurance if they have four or more employees. This includes business owners who are corporate officers or Limited Liability Company members.
Within the construction industry, employers with one or more employees, including the business owner if they are a corporate officer or Limited Liability Company, must maintain workers’ compensation coverage. In the agricultural industry, employers must have six regular employees or 12 seasonal workers who work more than 30 days and/or more than 45 days in the same calendar year and must carry workers’ compensation.
Most employers in the state must maintain workers’ compensation. It is a type of insurance product the employer pays into to help cover injury costs related to employees hurt on the job or during the course of employment. If your employer states they do not have this coverage, seek out help from our workers’ compensation attorney to pursue legal action.
Report the injury promptly. You must report the injury within 30 days. Avoid waiting any longer to do so. It is often best to take action immediately when the incident occurs or after you receive medical care that cannot wait.
Employment Status Verification
Verify employee status. Another core component of being able to file a claim is showing that you are an employee of the company. The person who is hurt on the job must be an employee to receive coverage. If you receive a paycheck and a W2, that is a good indication that you are an employee. If you receive a 1099 and are an independent contractor, workers’ compensation does not cover you. It does not cover a freelancer or a volunteer either.
Gray areas could apply. An employer can be fined significantly if they misclassify an employee as an independent contractor. For that reason, if you believe you are being misclassified, reach out to our legal team to discuss your case with you. If you are unsure how you are being classified or you are facing concerns related to misclassification, an employment attorney can help you navigate the legalities of your situation.
Exceptions and Special Considerations
Off-site accident considerations may apply. Injuries during work-related travel and at client locations may still qualify for coverage. Do not assume you cannot get coverage in these situations.
Pre-existing conditions can complicate matters. However, if an at-work injury worsens pre-existing conditions, then it could be covered as well. Careful documentation of both the previous injury and its worsening, such as the doctor’s medical reports, can help provide you with the clarity you need to determine what steps you can take.
Fault is not a factor. Keep in mind that workers’ compensation applies to a no-fault system. That means that, no matter what occurred, you can qualify even if you were partially responsible for the accident. This does not cover situations where you may be intentionally hurting yourself, but it could mean that you qualify even if you make a mistake that leads to your injuries.
Set Up a Free Consultation with a Florida Workers’ Compensation Lawyer Today
Contact Attorney Ara Gechijian to discuss your case.
If the insurance company denied your claim or the employer failed to provide you with access to workers’ compensation coverage, we can help you navigate your legal options.
As a Jupiter, Florida workers’ compensation attorney, we can help you learn what your rights are and examine your case during a free consultation. If, for any reason, you do not believe you are being treated fairly or you were denied coverage for an injury, contact our legal team for guidance.