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Workers’ Compensation Misconceptions


Workplace injuries are an unfortunate reality of life. After all, a worker is injured every seven seconds in this country. The good news is that most injured workers are covered under the benefits of Florida’s workers’ compensation statute. That means that the majority of people who are injured while engaged in conduct in furtherance of the business will be entitled to receive compensation for expenses resulting from a workplace injury such as:

  • Emergency medical care
  • Doctor visits
  • Prescriptions
  • Lost wages

While the potential benefits are clear, there are many misconceptions about obtaining benefits that can prevent injured workers from fully exercising their rights. We will try to settle some of these misconceptions today.

I have to prove that my employer was negligent in order to obtain workers’ compensation benefits.

This is totally false. Here in Florida, workers’ compensation is a no-fault based system and workers are generally entitled to benefits regardless of who caused their accident. Unlike with a personal injury lawsuit, there is no requirement that an injured worker prove that the injuries were a result of an employer’s negligence in order to have medical bills and lost wages compensated.

Because the accident was my fault, I am not entitled to workers’ compensation benefits.

This is almost never true. Because the workers’ compensation system is not based on fault, an accident could technically be entirely your fault and you would remain eligible for the full amount of worker’s compensation benefits. While there are actions that can affect your ability to recover these benefits – such as acting outside the scope of your employment, misconduct, or drug or alcohol use – simply being a contributing factor to the accident typically won’t.

My employer might fire me for pursuing workers’ compensation benefits.

The good news is that this should not be a concern as Florida’s workers’ compensation law specifically prohibits retaliatory conduct such as firing, or threatening to fire, a worker. In addition, the statute makes it illegal to attempt to intimidate or try to coerce, or bribe, an employee that may have a workers’ compensation claim.

I can trust my employer to protect my claim for worker’s compensation benefits.

Unfortunately, this is not the case. The fact that these benefits exist does not mean that everyone who should be afforded them is able to obtain them easily. Insurance companies and even an otherwise friendly employer often do everything that they can to reduce expenses by refusing to payout the compensation injured workers deserve. This is one reason why it is important to obtain the help of an experienced workers’ compensation attorney early in the process.

Turn to Us.

In many circumstances, it takes the help of the right attorney to obtain the workers’ compensation benefits that are deserved. As the experienced Miami workers’ compensation attorneys at Payer & Associates, we offer the help that you need to assist you with obtaining the benefits that you deserve. We have helped many injured workers and their families in our decades of experience. Contact us today and we can weigh out your options together.

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