Protecting the Rights
of Injury Victims

Thomas DeLattre and Glen D. Wieland

Can you claim compensation if the accident was not your fault?

On Behalf of | Dec 11, 2024 | Workers' Compensation |

Workplace accidents can happen to anyone, even if they are cautious. Many workers worry they will not get compensation if the accident is not their fault. This worry often comes from not understanding how Florida workers’ compensation functions. The good news is that Florida’s system protects workers in many situations, even when the employee is not at fault. Let us explore how this system works and what it means for you.

Does fault matter in Florida’s workers’ compensation system?

In Florida, the workers’ compensation system follows a no-fault overview. This means that employees can receive benefits regardless of who caused the accident. The system aims to get workers medical care and ensure wage replacement without needing to prove fault. Here is what you should know:

  • Immediate coverage: Coverage starts on your first workday.
  • No need to prove fault: Your benefits do not depend on showing that someone else caused your injury.
  • Wide range of benefits: You can receive medical treatment, temporary disability benefits, and compensation for permanent injuries.

Florida statutes mandate that employers provide compensation for accidents arising out of and during employment, regardless of fault.

What if your injury happened during a commute or due to external factors?

The no-fault system covers many scenarios beyond typical workplace accidents. You may still qualify for benefits if you get injured while commuting or due to conditions outside your control. Consider the following:

  • Company transport: You likely qualify if the accident occurs in a company vehicle or while performing work-related tasks.
  • Uncontrollable events: Accidents from weather or faulty equipment can still qualify for workers’ comp.
  • Exceptions exist: Some situations, like injuries from horseplay, may not qualify.

Understanding these situations helps ensure you know when your coverage applies.

How can you safeguard your rights effectively?

Florida’s no-fault system aims to be simple, but getting workers’ compensation benefits can still be challenging. Each case is unique, and different factors can impact your claim. Talk to a lawyer who knows workers’ compensation law. They can explain your rights and help you get the full benefits you deserve.

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