Have you been injured at work and are wondering whether your injuries are covered by workers comp? If so, it may be in your best interest to contact a skilled worker’s comp lawyer in Lakeland, Florida. Not only can they let you know if your claim has merit. They can also explain what is not covered by workers compensation.
In this blog, we will explain which injuries and related expenses will not be covered by workers comp insurance. If you still have questions about your own claim, feel free to contact our office today at (954) 324-COMP.
What Is Covered by Workers Compensation in Florida?
Before we get into detail about what is not covered by workers comp insurance, it’s important to highlight the things that are covered. As long as your Lakeland workers comp attorney can prove that you meet the criteria for workers comp, you should receive the following:
- Medical Bills Related to Your Workplace Accident
- Weekly Benefits Based on Your Average Weekly Wages
- Some Workers Are Eligible for Vocational Rehabilitation Services
You’ll notice that there are certain things missing from this list. We’ll discuss these items in detail below.
What Is Excluded From Workers Compensation?
Now that we’ve briefly covered what is covered by workers comp, it’s important to discuss the things that aren’t covered. You need to understand that filing a workers’ compensation claim is a lot different from filing a personal injury lawsuit.
Workers comp only covers expenses directly related to your workplace injuries. The losses you suffer as a result of your injuries are not always covered by insurance.
Mental Anguish Caused by Job Stress
For the most part, workers comp only covers physical injuries and illnesses. It does not cover stress or mental anguish caused by your job. It doesn’t matter how difficult your job may be, physically or mentally, any anguish you suffer is not compensable under workers comp.
This doesn’t mean you won’t be entitled to mental health assistance. It simply means that any help you receive must be directly tied to your physical injuries.
For example, if you are a commercial driver and become paralyzed after a motor vehicle accident, you may receive treatment for depression, anxiety, or PTSD.
However, if you’re a nurse who suffers mental or emotional distress after seeing a patient die, you will not be entitled to workers comp benefits.
Accidents While You Were Under The Influence
Some employees who suffer a physical injury are denied workers comp benefits. If your employer can show that you were under the influence of drugs or alcohol at the time of your accident, your claim will be denied.
The same is true if you were performing an illegal act at the time of your workplace injury. If the insurance company can show that you were acting outside the scope of your employment, you will not receive benefits.
It’s also worth mentioning that you will not be covered for injuries that occur on your way to or from work.
Pain and Suffering
Workers’ compensation in Florida does not cover pain and suffering. It will cover the medical treatment you need for your physical injuries and benefits based on your average weekly wage. If you suffer a debilitating injury at work, you may qualify for permanent partial disability benefits or permanent total disability benefits.
Navigating Workers Comp With a Pre-Existing Condition
Insurance companies often deny workers comp claims if the employee has a pre-existing condition. If the insurance adjuster can prove that you suffered a similar injury in the past, they may deny your claim.
What your attorney can argue is that your injuries were aggravated or worsened as a result of your workplace accident.
If this is the case, you may receive treatment for the new injury. However, when it comes to your permanent disability rating, your pre-existing condition will be taken into account.
Our Lawyers Can Review Your Claim for Free
Have you already been told that your injuries aren’t covered by workers’ comp? Or are you wondering whether it’s worth pursuing a workers compensation claim? If you aren’t sure what your rights are, you should call a Florida workers comp attorney right away.
Your attorney can review your claim and let you know if your injuries should be covered by workers comp. They’ll let you know what is covered by insurance. If you end up retaining one of our lawyers, they will make sure your claim is handled properly from the start.
Call our office today at 954-833-5226 and schedule your free case review. We offer a free initial consultation to new clients.