Can You Be Disqualified from Receiving Workers’ Compensation in Florida?
Perenich, Caulfield, Avril & Noyes Personal Injury Lawyers | Workers’ Compensation
Workers’ compensation in Florida covers work-related illnesses and injuries that occur within the course and scope of your employment. These benefits cover medical bills, partial lost wages, and disability payments. However, there are times when Florida law may disqualify you from receiving these benefits.
Here, the workers’ compensation lawyers from Perenich, Caulfield, Avril & Noyes Personal Injury Lawyers explain the reasons why you may be disqualified from workers’ compensation in Florida and are here to help if you receive an adverse decision.
Your Injury Was Self Inflicted
Workers’ compensation is a no-fault insurance product. Workers give up their right to sue their employers in exchange for being able to receive benefits through the workers’ compensation system regardless of fault. Even if a worker’s own negligence caused their injuries, they can still receive benefits.
However, one important exception is if the employee’s injury is intentionally self-inflicted. If a claimant deliberately hurt themself, this fact can disqualify them from receiving any compensation.
You Were Impaired
There are certain acts that an employee can commit outside of work that can affect a workers’ compensation insurance claim. For example, you may drink or do drugs outside of work. Most workplaces have policies against being impaired while working because drugs or alcohol can:
- Dull your senses
- Slow your reaction times
- Affect your judgment
- Reduces your efficiency
- Make you more likely to engage in risky behaviors
If you were impaired by drugs or alcohol, this may disqualify you from benefits. This is why many employers require you to be drug- or alcohol-tested after a work accident.
You Disregarded Safety Rules
Most jobs have specific safety rules and regulations that are in place to protect workers and insulate employees from liability. Some jobs are more inherently dangerous than others, such as the construction industry. Florida law recognizes this and makes it necessary for most employers to carry workers’ compensation. Employers with four or more workers are required to maintain workers’ compensation insurance. However, construction employers are required to have workers’ compensation insurance, even if they only have one employee.
Regardless of the industry, workers are expected to follow safety rules and use the safety equipment that is provided to them. If you intentionally disobeyed safety rules and your injury was due to this, you could be disqualified from workers’ compensation for this reason.
Your Claim Is Filed Late
If you are injured on the job, you have a limited amount of time to file your claim. You must report your work-related injury within 30 days of your injury and must file your claim within two years of the injury. If this deadline passes and you fail to file your claim, you may be disqualified from receiving workers’ compensation.
However, certain exceptions apply to this two-year limit, including:
- The injured worker is a minor or legally incapacitated
- The insurer did not sufficiently inform the worker of their rights
- The employer misled the injured worker as to their eligibility for workers’ compensation
- The compensation is related to medical prosthetic devices
Even if you were denied workers’ compensation benefits, you may still have rights. A workers’ compensation lawyer can help.
How a Workers’ Compensation Lawyer Can Help
Many workers are initially denied workers’ compensation benefits. They may accept this denial without question, only to learn later that the basis of this claim is invalid or flawed. If you believe that you may be qualified for workers’ compensation and would like legal help, reach out to a qualified workers’ compensation lawyer in Florida. Our team can fight for benefits if you were unjustly disqualified from workers’ compensation benefits. We offer a free consultation so you can learn about your rights.
Contact the Pinellas County Workers’ Compensation Law Firm Of Perenich, Caulfield, Avril & Noyes Personal Injury Lawyers for Help
For more information, please contact the Clearwater and St. Petersburg workers’ compensation law firm of Perenich, Caulfield, Avril & Noyes Personal Injury Lawyers at the nearest location to schedule a free consultation today.
We serve in Pinellas County and its surrounding areas:
Perenich, Caulfield, Avril & Noyes Personal Injury Lawyers – Clearwater
1875 N Belcher Rd. STE 201,
Clearwater, FL 33765,
Perenich, Caulfield, Avril & Noyes Personal Injury Lawyers – St. Petersburg
2560 1st Ave S,
St. Petersburg, FL 33712,