The workers’ compensation program in Florida provides a safety net for workers who are injured on the job, but unfortunately, that net does not cover every worker in every situation. Several factors come into play to determine whether injuries in a workplace accident will be covered.
Moreover, even when workers’ compensation should cover the injury, an insurance company may deny the claim. Injured employees frequently find it advantageous to seek assistance from a workplace accident lawyer when pursuing a claim for benefits. Below are some of the factors that determine whether an accident is covered.
Workers’ Compensation Provides Benefits to Employees Only
Workers’ compensation insurance provides coverage to employees injured at work, so the program does not protect independent contractors. However, a worker may be told by an employer that they are independent when they actually do not meet the guidelines under the law. Workers who believe they be unlawfully classified as contractors should consult an attorney to see if they qualify for workers’ compensation and other benefits. Alternatively, independent contractors may be able to seek recovery for a workplace accident by filing a personal injury claim.
Some Businesses Do Not Carry Workers’ Compensation Insurance
Workers’ compensation is usually managed through an insurance policy paid for by employers. State law requires most employers to carry this type of coverage, but there are exceptions, particularly for smaller businesses. If you work for a company or organization that does not have workers’ compensation insurance, you will not be able to file a claim for benefits through the program. A workplace accident lawyer could review your situation to see whether your situation is covered. If not, your lawyer could help you pursue compensation through other routes such as a personal injury lawsuit.
Workers’ Compensation Covers More Than Just Dangerous Industries
Workplace accidents can occur in the most mundane “safe” settings imaginable. While workers in dangerous settings like the construction industry are frequently at risk, a workplace accident lawyer in Fort Lauderdale has also seen employees sitting calmly at their desks suffer devastating injuries when their chairs collapsed. The employer was not likely to blame, and neither was the employee.
Workers’ compensation provides benefits in this type of situation so that the injured employee can receive necessary medical care and not be evicted from home while recuperating. The employer benefits because the no-fault system prevents the employee from suing for damages such as pain and suffering.
A Fort Lauderdale Workplace Accident Lawyer Helps Injured Workers Recover Benefits
The workers’ compensation program was meant to provide a simple solution to resolve workplace injuries, but the system has become complex. Insurance companies often deny claims, requiring workers to file various types of appeals and often present their case in a hearing. If your claim for an accident on the job has been denied, you owe it to yourself to talk to an experienced workplace accident lawyer to learn your options for pursuing compensation. Contact us now for a free consultation.