If you’re a worker in Florida and you suffer an accident on the job, there’s a good chance you’ll be entitled to workers compensation benefits for sustaining a compensable work injury. Of course, like anybody else, you and your workers compensation lawyers in Florida will have to prove that you meet the requirements for workers comp.
The requirements for workers compensation will be spelled out in detail below. If you honestly believe that your injuries were caused by a workplace accident and not something else, you should not have a problem qualifying for workers compensation. If, however, you’re just not sure if your injuries qualify as a compensable work injury, the best thing to do is to call a Fort Lauderdale, Florida injury lawyer and schedule your free, initial consultation.
The Requirements for Workers Compensation in Florida are Very Strict
To qualify for workers compensation in Florida, you have to meet very strict criteria. Just because you say you got hurt on the job doesn’t automatically entitle you to workers compensation benefits. Your workers compensation lawyer in Florida will have to demonstrate that you sustained a compensable work injury by meeting the following criteria:
- You’ll have to show that your injuries are related to a workplace accident
- You must report your injury to your manager or the human resource department immediately
- You’ll be asked to submit to a drug test prior to treatment
- You must be treated by a state-approved workers compensation physician in Florida
- You must comply with your doctor’s treatment plan
- You must not have been under the influence of alcohol or drugs at the time of your workplace accident
- For the most part, your injuries must have been sustained on company time and on company property
If you feel that you meet these criteria, then you must fill out a workers compensation claim form. Once you submit this to your employer, they will have one day to submit it to the state workers compensation Commission. At this time, they’ll have to let the state know whether they approve or deny your claim.
Not All Employees Qualify for Workers Compensation
If, for some reason, your workers compensation claim is denied, you still have options. Your workers compensation lawyer in Florida can always help you file an appeal. If this doesn’t work, you have the right to file a lawsuit against your employer. Before you do this, however, make sure that you meet all the requirements for workers compensation in Florida, including proving that you’ve sustained a compensable work injury.
The last thing you want to do is to go to the trouble and expense of a lawsuit when you know deep down that you are not entitled to benefits.
Your Fort Lauderdale, Florida injury lawyer will have to take you at your word when you say that your injuries were sustained on the job. You need to be upfront and honest with them from the start regarding your compensable work injury if you expect them to help you. If your attorney feels that your injuries are not compensable under the workers compensation system in Florida, they will let you know.
They’re not going to want to waste your time or their time fighting a losing battle. However, if they believe your claim is legitimate, they will fight hard to make sure you get the benefits you deserve for your compensable work injury.
Your Workers Compensation Lawyer Must Show that Your Injuries Constitute a Compensable Work Injury
In order to demonstrate that you’ve suffered a compensable work injury, you must satisfy the requirements outlined above. Some of the more common workplace injuries that our workers compensation lawyers in Florida have handled include the following:
- You slip and fall at work and hurt your back
- You’re lifting a heavy object and hurt your knees, back, or other body part
- A piece of equipment was faulty or defective and injured you
- You were driving to or from a client’s office and got into a motor vehicle accident
- You were injured by another employee, customer, or client
As far as knowing whether you sustained a compensable work injury under workers comp, you must use common sense. If you would have sustained your injuries even if you were not at work, then you’re probably not entitled to benefits. If, however, you would not have suffered the injuries if you didn’t go to work that day then you’ll more than likely qualify for workers comp benefits.
Not Sure if You Should be Collecting Workers Comp?
If you’ve been collecting workers comp benefits in Florida and aren’t sure if you should be, you have a big problem on your hands. As explained above, not all injuries are covered by workers compensation. In order to collect workers compensation benefits, you and your workers compensation lawyer in Florida will have to prove that you sustained a compensable work injury and meet the basic requirements for workers comp.
If you know that your injuries took place outside of work, you should not file for workers compensation. Whether you did it because you were afraid that you’d lose your job or you were pressured to do so by coworkers, you need to be honest with your lawyer. The only way they can help you is if they know what really happened.
If, on the other hand, you suffered a legitimate workplace accident and a compensable work injury and your employer is denying your claim, we can certainly help. We can help you file an appeal with the workers compensation commission. If this isn’t successful, we will have no problem filing a lawsuit on your behalf. If you truly feel that you sustained a compensable work injury caused by a workplace accident, our attorneys will do our best to prove that this is the case.
You Should Meet with a Ft. Lauderdale, Florida Injury Lawyer Right Away
We suggest you contact our office as soon as possible after your workplace accident so you can schedule your free, initial consultation with one of our best Fort Lauderdale, Florida injury lawyers. Once you have a chance to sit down with an experienced workers compensation lawyer in Florida, you’ll have a better idea of how best to proceed.
If you’re not sure if you sustained a compensable work injury and qualify for workers comp, there’s nothing wrong with meeting with an attorney first and making sure that you do everything the right way. The last thing you want to do is find out that you have to pay your workers compensation benefits back because you provided false information to your employer. Since your initial consultation is free, there’s no reason to not take advantage of it.