man holding his neck with a cast

Can You Be Disqualified From Receiving Workers Compensation In Florida?

Engaging in any form of employment these days comes with some risks to the employees. There is almost no type of work that doesn’t have attendant risks. Many of these risks are mainly health-related. From construction workers to health workers and even teachers, all these workers experience hazards in their jobs. The risk of suffering any injury at work is the reason for workers' compensation laws.

In Florida, the law requires employers of four or more people to have worker's compensation insurance. Construction employees must have comp insurance for every one of their employees. If you have been injured at work, you need our workers' compensation attorneys in Florida to help you get compensation from your employer.

What Does Workers Compensation Cover?

No one wishes to have an injury on their job, but it happens. So, it is only wise for employers to ensure their employees against any work injuries. If you are injured in the course of any work-related activity, you can file a compensation claim with your employer and receive compensation. Typically, a successful workers comp claim will cover medical bills, lost wages, cost of medical equipment and prescriptions, disability payments, etc.

Grounds For Disqualification From Workers Compensation

If you get injured on the job, you can recover worker’s compensation from your employer. Your employer may employ some tricks to withhold your benefits. To maneuver these tricks and receive the payment due to you, you need a good Florida worker’s compensation lawyer.

However, there are some legitimate instances where the law may disqualify you from receiving workers compensation. This disqualification is usually a result of your actions. Some cases where the law may disqualify you from receiving workers benefits include the following.

  • Your Injury Was Intentionally Self-Inflicted

Florida law instituted workers comp to take care of genuinely injured workers. However, there are still some unscrupulous employees who try to get compensation money fraudulently. They try to do this by intentionally inflicting injuries on themselves. This is a type of insurance fraud. If you deliberately hurt yourself on the job and your employer finds out, this may disqualify you from receiving any compensation. You shouldn’t engage in such fraud. If you do, you will pay for your injuries yourself, and your employer may even penalize you.

  • You Disregarded Safety Rules And Equipment

Some jobs are inherently dangerous. For example, there are construction jobs which require employees to deal with heavy machinery. Employers and the law expect you to obey the safety rules as announced for this kind of employment. They also expect you to utilize the safety equipment provided. Safety equipment could include helmets, hand gloves, and protective clothing. If you disobey the safety rules made by your employer and refuse to use safety gear, you may get injured. If you are injured, your disobedience may disqualify you from receiving compensation for your injuries.

  • You Were Intoxicated Or On Drugs

Practically all jobs have rules and regulations against intoxication or drug use while on the job. The reason is apparent. Drunkenness and drug use reduces your efficiency on the job. It also reduces your sensitivity to risks. A drunk person may be unable to follow safety rules and avoid harmful activities. If you get injured at work while intoxicated or on drugs, your state of intoxication will most likely disqualify you from earning any workers' compensation.

  • You Filed Your Claim Late

If you suffer any injuries on your job, Florida law requires you to file your workers' compensation claim within two years of the injury. The Statute of Limitations aims to protect employers against claims that are filed a long time after the injury. If you file your compensation claim after two years of the injury, the Statute of Limitations may disqualify you from receiving compensation. However, there are some exceptions to this 2-year limit. They include:

  • Where the injured person is a minor
  • Where the injured person is mentally challenged
  • Where the insurer did not adequately inform the worker of his or her rights
  • Where the employer misled the worker as to the coverage entitlement
  • Where the compensation is related to medical prosthetic devices

Unsure As To Whether You Are Qualified For Workers Compensation? Get Legal Help From Reliable Workers Comp Lawyers, Florida 

Figuring out whether you are qualified to receive workers' compensation for your injuries may be challenging on your own. Even if your employer says that you are not qualified, do not take his or her word for it. At Burnetti P.A., our Florida workers compensation lawyers have the required skill and expertise to ensure that your employer does not unjustly disqualify you from receiving compensation for your work-related injuries. Call us today to schedule a FREE consultation with our attorneys.