Debunking Common Myths About Workers’ Compensation In Florida
The rules governing workers’ compensation in Florida are complex. And because of these complex rules, many myths abound concerning workers’ compensation. Unfortunately, falling for some of these myths can prevent an eligible employee from recovering the workers’ compensation benefits they deserve.
Because we are dedicated to ensuring injured workers recover the compensation they deserve, we dedicate this article to debunking five of the most prevalent myths about workers’ compensation in Florida.
Myth #1: Employers Handle All the Paperwork
False: After you suffer a work-related injury in Florida, your employer is required to file the initial report of your injury to the state. However, it is not true that your employer will handle all the paperwork to ensure you recover workers’ compensation benefits. It is up to you to handle the paperwork needed to claim benefits and ensure you recover the benefits you deserve.
Myth #2: You Are Allowed To Select Your Own Doctor
False: Under the state’s workers’ compensation rules, your employer is the one that is allowed to choose the doctor that will treat you for your work-related injury. The only time a worker can choose a doctor themselves after suffering a work-related injury is if their employer refuses to provide medical treatment on time.
Myth #3: You Cannot Recover Compensation if the Accident Was Your Fault
False: An employee could be entirely to blame for their accident, and they would still be eligible for compensation under the workers’ compensation system. That is because Florida’s workers’ compensation is a no-fault system, meaning your employer cannot argue that you are to blame for your accident unless under limited circumstances. For example, if your accident resulted from your intoxication, you may be barred from recovering workers’ compensation benefits.
Myth #4: A Worker Who Suffers an Injury Outside Their Employer’s Property Is Not Eligible for Compensation
False: If you suffered an injury outside your employer’s property, you might still be able to recover compensation as long as, at the time of your injury, you were acting within the scope of your employment. It is not uncommon for workers in highly mobile jobs, like delivery drivers, to suffer injuries outside their employer’s property.
However, if an injury occurs when an employer is coming from or going to work, that worker might not be able to recover workers’ compensation benefits. This is because, according to Florida law, an injury that occurs while an employer is coming from or going to work is not considered a work-related injury that happened out of or in the course of employment.
Myth #5: It Is Not Necessary To Hire a Workers’ Compensation Attorney
False: While you are not legally obligated to hire a workers’ compensation attorney, it is not true that hiring an attorney is not necessary. An attorney can help you in many ways. For example, they can help you handle all the paperwork. Also, an attorney can help you in the event that your claim is denied to challenge the denial.
Contact a Key West & Marathon Workers’ Compensation Lawyer
If you suffered a work-related injury in Florida and need help recovering the workers’ compensation benefits you deserve, contact our Key West & Marathon workers’ compensation lawyers at Florida’s Key Injury.