BLOG

HOW A TRADITIONAL FLORIDA WORKERS COMPENSATION CASE WORKS

You stand to have a Florida workers’ compensation claim once you sustain an occupational illness or disease or you suddenly get injured on the job in Florida. However, there are few exceptions. By law, your employer is required to carry workers’ compensation coverage for you especially if your employer has four or more employees in Florida.

Regardless of the number of employees available, your employer must have workers’ compensation coverage only if it is a construction company. During the course of employment, employees are often prone to having infection or disease as a result of a work-related injury. This emphasizes the need of having a Florida workers’ compensation claim.

When it comes to handling work-related injuries and illnesses, there are certain things that must be considered. The illness or injury must occur within the scope of your employment. This implies that injuries that occur during non-work related activities such as during commuting or outside the work area like in the parking lot will not be considered for a workers’ compensation claim.

Typical industrial injuries include shoulder injuries, elbow injuries, knee injuries, back strains or sprains etc. while conditions like carpal tunnel syndrome and toxic exposures over a long period of time can be considered as occupational illnesses.

Before the plaintiff will be able to recover for their injuries from a workplace accident case, three elements are required to be proven.

  • The worker must be able to prove that their injuries occurred as a result of the defendant’s actions.
  • The injured worker must be able to prove that the defendant the duty was breached by some action or inaction.
  • The plaintiff must be capable of proving that the defendant owed them some duty of care.

To fully understand how this works, you need to work together with a personal injury attorney in West Palm Beach. Even above and beyond that which has been provided through a workers’ compensation, you may be entitled to monetary compensation. So, it is advisable to have a dedicated accident attorney working alongside with you because these claims can be quite complicated. Ensure to find a Florida boating & cruise line accident lawyer who is very conversant with this kind of cases.

When the employer’s intentional or willful conduct caused the worker’s injuries, an accident attorney can help carve out a narrow exception. In a case when the allegedly negligent part is not the deceased or injured worker’s employer, your personal injury attorney in West Palm Beach can help you file a personal injury claim against the allegedly negligent party.

Do not hesitate to consult an experienced Florida boating & cruise line accident lawyer if your workers’ compensation claim has been denied or disputed.


TAGS