When Am I Not Eligible For Workers’ Compensation?

In the strong majority of cases, a worker who is injured on the job is able to apply for workers’ compensation benefits – in most cases, this is the only way that a worker can be compensated for an injury that occurred at work. However, there are scenarios in which an employee is not eligible for workers’ compensation, even if the direct cause of their injury was work-related. If you are in this situation, consulting a knowledgeable legal professional can make all the difference.

Abnormal Scenarios

Florida law holds that workers’ compensation is the “exclusive remedy” for employees’ injury or occupational disease. What this means is that an employee can seek workers’ compensation benefits after an injury without regard to fault (in most situations); in exchange, the employee agrees not to file suit against their employer for any perceived negligence. Normally, this is seen as a good bargain for both sides – the employee gets medical care even if they might legally bear some liability for their own injuries, and the employer can avoid serious jury verdicts if the employee’s injury occurred in circumstances that might be perceived as negligent.

There are some situations in which an employee can file suit against their employer – most commonly, if the employee’s injuries occurred due to gross negligence or actual malice of their employer. Alternatively, there are also several scenarios in which an employee is not entitled to workers’ compensation benefits – and it can be a nasty surprise for an injured worker to realize that they fall into one of these cases.

Four Common Cases

There are four main situations in which an employee may not be eligible to recover workers’ compensation benefits in Florida. They are:

• The employee not being a legal employee. Florida law distinguishes between employees and independent contractors, and in general, only employees are covered by workers’ compensation coverage.
• The employer not carrying workers’ compensation coverage. This may seem self-explanatory, but if an employer does not carry this coverage, their employees cannot take advantage of it. That said, most employers in Florida are required to carry workers’ compensation coverage, and an employer without any may be in violation of the law.
• The injury is not work-related. Not every injury sustained at work will qualify for workers’ compensation benefits; and
• The employee fails to report their injury within the legal time frame. State law requires that a workplace injury be reported to the employer within 30 days; if a worker does not do this, they forfeit their claim to benefits.

If any of these apply to one worker’s case, it will be difficult if not impossible for them to obtain benefits – but there may be other legal options.

Contact An Orlando Workers’ Compensation Attorney

Being injured at work can throw a major wrench in a person’s plans both for their career and their overall well-being. If you are unsure as to whether you qualify for workers’ compensation benefits, contacting an Orlando workers’ compensation attorney from the Hornsby Law Group may be a good place to get those questions answered. Contact our office to schedule a free consultation.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0440/Sections/0440.11.html