Injuries Not Covered By Workers’ Compensation
A great majority of on the job injuries are covered under the Florida state workers’ compensation laws. There are a few kinds of injuries that are not covered, however, and that means there is the potential for fraud by an employer seeking to avoid paying workers’ comp fees. Here are a few kinds of on-the-job injuries that are not covered, ways employers may try to take advantage, and what you can do about it.
Self-inflicted injuries are not covered for fairly obvious reasons – otherwise anyone who didn’t want to work could just go and hurt themselves and be entitled to benefits. But of course no one really does this, and so instead the “self-inflicted” category is a place where employers try to hide other injuries to avoid having to pay compensation benefits. See, even if an injury is a result of your own negligence or carelessness, you are entitled to some compensation benefits, but if it is classified as “self-inflicted,” then you will not be eligible. Be wary of an employer trying to make it seem as though you inflicted an injury upon yourself.
A subset of self-inflicted injuries are injuries sustained due to starting a fight. If you are the instigator of a fight and you are injured in the course of the fighting, you are not eligible for benefits under the law. However, unscrupulous employers may try to turn this situation around and claim that you were injured even when you were not the instigator of the fight. If you are experiencing this behavior from an employer, you need to call The Hoffman Firm right away.
Injuries Suffered While Intoxicated
Any injuries you suffer on the job while under the influence of alcohol or other drugs are not likely to be covered by workers’ compensation. An unscrupulous employer may try to assert that you were under some sort of influence even if you were not. In many cases, it is as simple as a drug test, but even then it can be difficult to determine sobriety at the time of the incident. The Hoffman Firm can help defend against false and wrongful accusations and help you win your case.
Employers are not all bad, and by no means are all employers out to misclassify an injury. At the same time, it is important to note that no employer wants to pay workers’ compensation claims, and many will do all they can to avoid it. For legal help contact the Workers’ Compensation Center today (800) 223-1866.
Evan A. Hoffman
Mr. Hoffman’s philosophy is "our knowledge and experience is your best defense." He has been a featured author on criminal law issues such as driving under the influence, domestic violence and illegal searches.Read More