As an attorney working with personal injury cases, I get asked this a lot. It’s a good question and while the answer may seem obvious, some find it confusing as to where to start.
In Florida, if an injury occurs on the job or during employment, there are benefits that are available known as Worker’s Compensation Benefits. These benefits function like a type of insurance policy similar to what would be available if one was injured in a car accident. These benefits include payment for medical bills, lost wages, prescription medication, medical equipment, income replacement, and other benefits.
The benefits available depend on the nature and scope of the injuries. Unlike a traditional claim against a negligent driver or premises owner, Worker’s Compensation claims focus only on whether an injury actually occurred, and not on liability. Meaning, fault does not have to be proved, but only that the injury occurred on the job, and that the injury was not pre-existing. Worker’s Compensation courts can award benefits based on whether a disability was partial, or permanent. However, keep in mind that a Court can also award no benefits if it believes that the injury did not occur on the job, and/or is not considered to be permanent.
Questions about on-the-job injuries and what options exist under the current Worker’s Compensation laws in the state of Florida can be addressed to the attorneys at Hutchison & Tubiana, PLLC. Contact us here.