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Can I Receive Workers’ Comp If the Accident Is My Fault?

Can I Receive Workers Comp If the Accident Is My Fault Sternberg Blog 1
Can I Receive Workers Comp If the Accident Is My Fault Sternberg Blog 1

Workers’ compensation is a carefully designed system that strives to protect companies and workers alike. It allows employees to get the money they deserve when they suffer a work-related injury and protects companies from costly personal injury cases that can easily bankrupt small businesses. As a result, workers’ compensation should be easy for workers to utilize.

No-Fault Workers’ Compensation in Florida

One of the main advantages of the workers’ compensation system is the fact that it doesn’t require you to prove fault. An injured worker doesn’t need to show that an accident was caused by faulty equipment, the actions of another employee, or the employer to get compensation. Workers’ compensation pays out regardless of the circumstances of an accident—that means that you can file a claim even if an accident is your fault.

What Workers’ Compensation Pays for in Florida

The no-fault design of the workers’ compensation system allows it to run quickly and smoothly. You should also note that there are strict limits outlining what workers’ compensation will and will not pay for. While a personal injury case does allows you to seek damages for pain and suffering, workers’ compensation does not offer any money for pain and suffering caused by an accident. If you become hurt or ill in a work-related incident, workers’ compensation covers:

  • Lost wages for the time period that you are out of work
  • Medical bills related to your injury
  • Medical equipment required for treatment
  • Prescription medications
  • Mileage reimbursement for your trips to medical appointments and the pharmacy

What to Do If Your Employer Retaliates

Even though the system is designed to work in a specific way and protect employees, there are employers that make it difficult for employees to file a workers’ compensation claim. It’s important to know your rights and seek legal counsel if an employer tries to prevent you from getting the compensation you deserve.

This is especially important when an employee is at fault for a workplace accident. If you cause an accident through your own error or ignorance, your employer may tell you that you cannot claim workers’ compensation. They may even tell you that you are responsible for covering the cost of damaged equipment or other accident-related expenses to discourage you from filing a workers’ compensation claim.

If you get any pushback from your manager or an HR representative when you try to file an accident report or claim, consider consulting with a workers’ compensation attorney. Employers use a variety of tricks to block workers’ compensation claims, including threats of demotion, termination or forced resignation, and the creation of a hostile work environment. An attorney can hold your employer accountable and ensure you get the benefits you’re entitled to under Florida workers’ compensation law.

Find Out How Workers’ Compensation Can Help You After a Work-Related Accident

If you’ve caused a workplace accident, you are still entitled to workers’ compensation benefits. At Sternberg | Forsythe, P.A., we’re dedicated to helping injured employees get the money they need to cover lost income, medical bills, and more. Call our West Palm Beach office at 561-687-5660 to discuss your legal needs.

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