Consider the following – there are two workers, workers A and worker B. Each are walking, fall down and suffer an injury. Each of the workers suffered a fall from an unknown cause. In most cases, falls from unknown causes are due to an injured worker being unable to figure out if they stumbled, tripped, etc.
In the situation, worker A doesn’t have any type of medical history that would explain why they fell, but worker B experienced syncope twice in the past. Do you know which one would be covered by workers’ compensation? Could they both be due benefits?
According to the findings of Wendell v. Enterprise, only worker A’s injuries would be covered with workers’ compensation insurance and worker B would be out of luck. In the case mentioned, Wendell had suffered from previous falling issues and the medical evidence didn’t show that their job was a main contributing factor in the fall.
Is Your Fall Covered by Workers’ Compensation Insurance?
The workers’ compensation laws in Florida rely on the facts of the situation. It is up to the claimant (injured worker) and their attorney to provide evidence that the fall they suffered was a direct result of their work or employment.
If they are unable to prove this, and if they have any medical history that indicates problems with falling in the past, then there is a high likelihood that the worker will not receive compensation.
What to Do if You Believe You are Due Workers’ Compensation for a Fall from an Unknown Cause?
If you believe that the ruling that you do not get to receive workers’ compensation for a fall from an unknown cause is wrong, then the best thing you can do is hire an experienced Florida workers’ compensation attorney. By hiring an attorney, you will have someone on your side, fighting for your rights. The attorney will review the facts of the case and determine what needs to be done to help you recover compensation. While not all cases are successful, hiring a quality attorney who has had success with similar situations in the past will be beneficial in the long run.
Don’t Wait to Hire an Attorney for Workers’ Compensation Problems
There are some workers who wait to hire an attorney, hoping the situation will work out on its own. Unfortunately, this rarely happens and the worker winds up waiting too long to do anything about the decision. If an injured worker calls an attorney right after they are hurt, they can receive the help they need to try and secure the compensation they deserve.
If you need more information about workers’ compensation cases contact the attorneys at Sternberg | Forsythe, P.A. by calling 561-687-5660. Being informed is the best way to handle any workers’ compensation case.