The average person may not have much interaction with the workers’ compensation system, but they may have friends or family who have dealt with it. They hear stories about other people’s experiences and assume that one person’s situation is common.
However, there are several myths in workers’ compensation that you should not believe because they could decrease the amount of compensation you receive.
Myth #1: All Injuries are Covered
Although it is true that most injuries that occur at work are covered, there are some that Florida law does not address. Most of these conditions, however, are more mental than physical. For example, if you develop a mental or nervous injury due to stress or excitement, then that is not covered by workers’ compensation in Florida.
In addition, if the employee was intoxicated or using drugs at the time of the accident, then he or she may not be entitled to compensation as well.
Myth #2: You never get to use the doctor that you want
Although you must first go to the employer’s doctor of choice, you can get a second opinion from another doctor. However, you might have to get special permission from the employer so that they will pay for this visit.
Myth #3: Workers’ compensation will cover all of my expenses
While it is true that most workers’ compensation expenses are paid, there are some expenses that are not compensable. The employer will generally pay for mileage to and from the doctor, the doctor visit, medications, and your weekly benefits.
However, like other states, Florida does not address “pain and suffering” damages within the workers’ compensation system. If you think you deserve compensation for this type of damage, then you will need to discuss whether this is an option with your Florida workers’ compensation attorney.
Myth #4: You do not have a claim unless your employer did something wrong
Thankfully, this one is definitely a myth. Your employer does not have to do anything wrong for you to be able to collect workers’ compensation benefits. Workers’ compensation is a no-fault system, which means that as long as your injury meets certain conditions, then you should receive compensation.
Myth #5: You should wait until you have finished treatment to settle your workers’ compensation claim
In workers’ compensation, you need to report the injury immediately. You should also begin your case immediately. Once you have returned to work (after you have healed), you may not be offered as large of a settlement as you would when you were first injured.
Speak with a Florida Workers’ Compensation Attorney
Do not cut your settlement down by waiting. We offer free case evaluations so you can determine if bringing a workers’ compensation claim is right for your unique situation. Call the law offices at Sternberg | Forsythe, P.A. at 561-687-5660 to get started today.