The first thing you must understand about workers’ compensation is that it is a no-fault program, which means that no one has to prove that another party involved was the result of the accident that led to your injury. The bottom line here is that in order to qualify for workers’ compensation, you need to show that your employment led to your injury. But, there are some injuries and illnesses that are not covered under workman’s compensation in Florida.
Recreational Activities at Work
There are many companies in Florida that hold team building events with their employees. These are usually held on the site of the company or at other locations. Most often, these events are picnics, relay races, and other events.
If you suffered an injury in a recreational activity related to your employment, you likely will not be covered under workers’ compensation. But, if you were required to attend, your employer benefited from you attending, or the event that led to your injury occurred on the company’s property, you could be covered.
Commute to and From Work
The commute you endure every single day of the week to and from work is usually not covered under workers’ compensation if you wind up suffering an injury. This commute typically falls under the rule known as coming and going. This rule does not cover travel to and from where you work since it is not considered part of your scope of employment. This means that if you are injured in a car accident while commuting to or from work you will not be able to receive workers’ compensation benefits from your employer.
Were you drunk or on drugs when injured on the job? If this is the case, and your employer can prove it, your injuries will not be covered under workers’ compensation insurance held by your employer. Even if the injury you suffered while working is legitimate, like a fall from a ladder, it will not be covered if it is discovered that you were intoxicated or high at the time you fell.
Florida automatically assumes your injury to be non-occupational if a drug test comes back showing high levels of alcohol or drugs in your system.
Any injury that you inflict upon yourself while on the job will not be covered by workers’ compensation insurance. For example, if you pour water on the floor of the break room and then throw yourself to the ground to cause a leg injury, this will not be covered.
Any injury to your body that you cause on purpose will not be covered, no matter how severe the injury winds up being or how long you have to miss work.
Schedule a Consultation with an Attorney
Did you suffer an injury on the job in Florida? Are you worried that your injury might not be covered by workers’ compensation? If so, you need to speak with an experienced attorney from the office of Sternberg / Forsythe, P.A. Contact the West Palm Beach office at 561-687-5660 to schedule a consultation at your earliest convenience