Understanding Your Right to Workers’ Compensation
The idea of sustaining a serious injury while on the job is not something that any worker wants to contemplate. However, despite the fact that we rightfully expect our workplace to be safe, these types of situations happen. According to the National Safety Council, a worker is injured on the job here in this country every 7 seconds. Every worker should therefore understand that there is a system of laws intended to protect injured workers as knowing and understanding your legal rights is key to making a successful workers’ compensation claim.
What is the Purpose of Workers’ Compensation?
Under Florida law, anyone who is injured at their workplace while working in the scope of his or her employment is generally entitled to obtain workers’ compensation benefits. This means that the injuries must be proven to be from the workplace accident and not from another incident. Keep in mind that because Workers’ Compensation is a no-fault system, an injured worker is not suing his or her employer, but rather is making a claim for benefits. Therefore, one of the intended purposes of workers’ compensation benefits is to make it straightforward for injured workers’ to obtain them in comparison with a personal injury lawsuit.
However, in actuality, these claims can be complex and employers and their insurance companies often do all they can to pay out as little as they can without any regard for the extent and severity of a workers’ injury. Because of the hurdles injured workers often face, it is imperative for anyone who is hurt at work to be represented by an experienced, knowledgeable workers’ compensation attorney.
What is a Work-Related Injury?
Understanding what constitutes a work-related injury is often confusing for injured workers because there are many not-so-obvious circumstances in which an injury is work-related under Florida law. An injury’s relation to work will often depend on the type of employment involved.
For example, did you know certain injuries don’t have to onset while you’re at your actual workplace? Injuries occurring while arriving, leaving, or even during lunch hour may be work-related if they occur on the employer’s premises or in a work-owned vehicle while undertaking a work-related purpose. Injuries sustained while traveling may be considered work-related for some professions but not others. And for some occupations, more latent injuries such as cancer are even presumed. Speaking with a trusted attorney following any injury can help you identify whether filing a workers’ compensation claim would make sense for you.
Are You or a Loved One Struggling to Understand Your Rights After a Workplace Injury?
No one wants to deal with a workplace accident. But fortunately, having a clear understanding of workers’ compensation is important and can help you protect your rights. It’s important to understand exactly how these benefits work and what you need to be able to do to successfully get the benefits you need and deserve. This makes it increasingly crucial to hire an attorney who can explain your rights and options to you. As the Miami workers’ compensation attorneys at Payer & Associates, we have significant experience helping injured workers obtain workers’ compensation benefits. We offer the help that you need to assist you with obtaining the benefits that you deserve. Reach out today to begin.
Resource:
nsc.org/work-safety/tools-resources/infographics/workplace-injuries
