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What Types of Injuries Are Not Covered by Workers’ Compensation in Florida?
Florida workers’ compensation is designed to assist people who have been injured on the job by paying for any initial care or treatment they may require. In addition, workers’ comp also pays for certain out-of-pocket expenses such as prescriptions or medical devices, including wheelchairs or other items necessary for an injured party’s care. Finally, individuals also may receive up to 66-⅔ of their total wages in the months before the accident.
Even with all that worker’s comp will pay for, many other items, such as pain and suffering or pre-existing conditions, are not covered. Additionally, if an employee is engaged in reckless behavior or horseplay on the job and becomes injured, workers’ comp will likely not cover the associated costs and lost time at work.
Why is Pain and Suffering Not Covered Under Workers’ Comp?
Worker’s comp only covers injuries, lost wages, medical expenses, and death expenses if a family loses a loved one in a workplace accident. Pain and suffering is not covered through workers’ comp insurance and can only be claimed in a personal injury lawsuit.
Keep in mind, you are not permitted to sue your employer if you’ve been injured on the job in Florida; however, if you were injured by a third party while on the job, you may be able to pursue a personal injury claim against that party.
April Gibson
I must admit first impression was a little iffy as it had been a week since my husband signed papers and we hadn't heard anything. Today I emailed and said that I hadn't heard anything from them in almost a week and I wasn't even sure who my husband's attorney was. Within minutes I was receiving a phone call from the law firm and the gentleman put me in touch with my husband's paralegal who works with his attorney and she did an intake and was very friendly. Her name was Emily chica. She answered all my questions she let me explain everything about my husband's injury that I felt she needed to know even if she didn't need that information she still let me explain it. She gave me a very detailed timeline of how the next several months will go with the case and told me in order of everything that would be happening next. Then she also gave me the date and time that she'll be calling us and checking in with an update, which is one week away. She was kind and concerned and asked how we were doing since my husband is on unpaid FMLA leave. Even though my husbands job told him he could not return to work until certain stipulations were signed she reassured us that the disposition she sends to workers comp would see to it that he sees the doctors he needs to see at which point those doctors would give specifications for my husband to return to his normal job or his job would have to find him a different position to do and if that was not possible then they would have to pay him for being at home. This was comforting to hear since we unfortunately solely rely on my husband's income and we also have three children two of which are starting back to school and need school supplies, school clothes, haircuts, & new shoes. So I am optimistic and feel confident in our choice to work with this Law firm.
Can I Still Obtain Workers’ Compensation Even if I Have a Pre-Existing Condition?
It’s important to remember that workers’ comp is insurance employers purchase to cover costs incurred by injured employees. Insurance companies are notorious for trying to deny claims because they are concerned about their financial bottom line.
Insurance companies often try to deny claims where there is a possibility that a pre-existing condition played a part in the injury. However, under Florida law, pre-existing conditions do not automatically exclude an individual from collecting workers’ comp benefits.
If you’ve been injured on the job and the insurance company is refusing to pay your claim citing a pre-existing condition, you need to protect yourself by hiring a knowledgeable workers’ comp lawyer who is not afraid to stand up to the insurer and fight for your rights.
What Can I Do if I Feel I Was Wrongfully Denied Workers’ Comp?
If you’ve been injured on the job and feel you were wrongfully denied workers’ comp, be sure to obtain qualified legal representation to act on your behalf. Injured workers should know they have up to two years to file a claim from the date of their injury. Having a skilled attorney represent you can help you understand the workers’ comp process and make you feel more informed about what is occurring with your claim.
If you feel you have been wrongfully denied workers’ comp, you have a right to appeal. Contact RTRLAW and ask to speak with our highly qualified workers’ comp attorneys who can answer your questions and explain your legal options.
Why Should I Choose Your Law Firm to Help Me Collect Workers’ Comp Benefits?
If you’ve been denied workers’ comp benefits after being injured on the job, you need the help of a law firm that will stand by your side through the entire legal process and fight for your rights. RTRLAW’s workers’ comp attorneys have extensive and comprehensive experience in handling work-related injury cases and have a proven track record of success in obtaining benefits for our clients.
Contact RTRLAW today or call our toll-free number, 1-833-HIRE-RTR (1-833-447-3787), for a free, no-obligation case review with a qualified attorney who can answer your workers’ comp questions.
