Worker’s compensation benefits are designed to provide you with the money you need after being injured while on the job. If you suffer an injury at work, you need to hire a workers’ compensation attorney to help protect your rights. However, it can also be beneficial to know some of the most common myths about these benefits. When you are aware of the truth, you will better understand your rights and responsibilities.
Myth: Your employer will file any necessary documents to ensure your claim is protected and eligible for workers compensation benefits.
Your employer will be required to file the first report of an illness or injury in the State of Florida. This form will not protect your rights. In some situations, the Petition for Benefits that your attorney will file is the first form sent to the worker’s compensation insurance company. Make sure not to rely on your employer to protect your right to benefits.
Myth: According to workers compensation laws, you have to file a lawsuit against your employer.
This is a statement that is simply not true. If you aren’t receiving the benefits that you are entitled to, then a Petition for Benefits will be filed against the worker’s compensation insurance company. They are obligated to provide you with the benefits you deserve. There is no need to file a lawsuit against your employer at this point. In fact, claims related to workers compensation cases are handled with an administrative hearing process, and they will not be subjected to civil litigation. The judicial body that hears these motions and that will determine if you are eligible to receive benefits is the Florida Office of the Judges of Compensation Claims. You don’t have a right to a trial by jury to pursue a workers’ compensation claim.
Myth: You can recover damages for the pain and suffering you experienced.
While many lawyers may not agree with this legislature, you don’t have the right to recover for the pain and suffering you experience due to your work related injuries. The worker’s compensation laws in Florida view pain and suffering as a type of non-economic damages that cannot be recovered. The only benefits that you can receive include medical treatment, lost wages, penalties, impairment benefits and underpaid or unpaid amounts present.
Myth: Since the accident was your fault, you aren’t entitled to worker’s compensation benefits.
This is also not true. Even if the accident is completely your fault, you are still eligible to receive the full amount of benefits from workers compensation. Fault is not considered in the state of Florida when you are injured on the job, which means you can receive benefits regardless of the situation.
When you are facing an injury that you got while on the job, you have the right to receive workers compensation benefits. If you are unsure of what to do or how to pursue this, then hire a workers compensation attorney.
Learn more about workers compensation cases by contacting personal injury lawyer Scott J. Sternberg by calling 561-687-5660.