What Kinds Of Workers’ Compensation Injuries Are Not Covered?
Florida’s workers’ compensation system covers most injuries sustained on the clock, providing benefits for lost wages and medical bills, among other expenditures. If a worker complies with the rules of the system, they will receive the benefits they need in order to focus on recuperation. However, there are some injuries that are not covered by workers’ compensation, either due to the employee’s noncompliance with the system, or due to the nature of the injuries themselves.
Specific Types Of Injuries
Common work injuries that are generally not covered are those that are self-inflicted, incurred under the influence, or injuries that are minor enough to heal in minutes or hours. In addition, as one might imagine, injuries that are suffered outside of work are not covered by workers’ compensation, including pre-existing conditions. That said, it is possible that a person with a pre-existing condition experiences a worsening of that condition due to their work – that ‘worsening’ might then be compensable.
Perhaps the most notable injury that is explicitly not covered by workers’ compensation law in Florida is pain and suffering, also referred to as mental anguish. Workers’ compensation covers what are known as tangible damages; in other words, damages that are quantifiable by bills or can be assigned a number via the testimony of an expert witness. Intangible damages like pain and suffering are seen as too vague and inchoate to properly assess in the context of a legal proceeding.
You Must Report Your Injuries
While certain injuries are excluded from coverage under workers’ compensation law, it is sadly all too common for some injuries to go uncompensated due to human error (or malevolence). For example, in order to receive workers’ compensation benefits, an employee must advise their employer of their injury within 30 days of its happening. Failure to do so effectively bars them from filing their claim at a later date.
One situation that is more rare, but still occurs, is when an employer fails to inform their insurer of the employee’s injury, or otherwise attempts to prevent the employee from collecting benefits in order to keep their premiums low (or for another reason). If you suspect that your employer is obstructing your claim in any way, contacting an attorney is your best chance to move the claim forward.
Contact An Orlando Workers’ Compensation Attorney
While only certain types of work injuries are compensable, it is always a good idea to investigate the possibility of workers’ compensation if you are hurt on the job. An Orlando workers’ compensation attorney from the Hornsby Law Group can help answer any questions you may have about this type of issue. Call our office today to schedule a free consultation.
Source:
flsenate.gov/Laws/Statutes/2021/440.02
