Who is Eligible to File a Workers’ Compensation Claim?

Summary

  • Workers’ compensation eligibility can be difficult to determine, but having a skilled attorney by your side can make a significant difference in your case
  • Workers’ compensation is a type of insurance designed to protect injured workers from medical bills and lost wages.
  • Most employers with 4 or more employees are required to carry workers’ compensation insurance.
  • Any injury or illness received at work or caused by your job should be covered under workers’ compensation.
  • Consult with an experienced workers’ compensation attorney to make the most of your claim.

When you’re injured on the job, workers’ compensation can be a critical lifeline. But who is actually covered by workers’ compensation laws?

There are quite a few factors that can affect whether or not you’re eligible to receive workers’ compensation benefits, and understanding them can help you get the medical treatment you need without a huge financial burden.

Types of Workers Covered in Florida

Employers with 4 or more employees are required to carry workers’ compensation coverage. Some industries may have different workers’ compensation coverage requirements. In general, if you are a full-time employee, you’re probably covered under workers’ compensation.

Typically, independent contractors are not covered under workers’ compensation laws. However, there are many exceptions, and it’s worth checking with a lawyer to see if your situation is one of them.

Injuries and Illnesses Covered

Understanding the injuries and illnesses covered under workers’ compensation is essential when filing a claim. Some of the conditions covered under workers’ compensation may be surprising!

The types of injuries and illnesses covered include:

  • Work-related accidents like slips and falls, machinery accidents, or exposure to hazardous materials
  • Occupational diseases such as repetitive stress injuries or hearing loss
  • Mental health conditions if they are caused or aggravated by conditions at work

If you are unsure about the eligibility of your injury or illness, consult with a workers’ compensation attorney. They can help you identify which conditions can be included in your claim.

Conditions Affecting Eligibility

To be eligible for coverage under workers’ compensation, your injury must meet certain criteria.

  • Your injury must occur in the course of employment, meaning you suffered this injury during work hours or while performing work duties.
  • Your injury must be arising out of employment, meaning it is directly caused or aggravated by the conditions of your job.
  • Pre-existing conditions may not be covered unless significantly exacerbated by your work.
  • Injuries caused by intentional misconduct are not eligible for workers’ compensation coverage.

If you are an employee with workers’ compensation coverage, and your injury meets all of these criteria, you have a very good chance of receiving benefits.

Seeking Medical Attention and Reporting the Injury

To maintain the eligibility of your workplace injury, it’s important to carefully follow the proper steps of a workers’ compensation claim.

First, you need to report your injury to your employer no less than 30 days after you were injured (or became aware of your injury).

Make sure to seek medical treatment from a doctor approved by your employer’s insurance provider. If you receive treatment from your own doctor, it may not be covered under workers’ compensation.

You should also keep careful records of your medical treatment and bills. This evidence will be the backbone of your workers’ compensation claim.

Benefits Available Under Workers’ Compensation

Workers’ compensation benefits are designed to protect injured workers from the financial pressures that may otherwise come with a workplace injury.

These benefits include:

  • Medical treatment: All necessary medical treatment for your injury or illness is covered under workers’ compensation.
  • Wage replacement: If you are unable to work due to your injury or illness, workers’ compensation provides temporary wage replacement benefits to keep you on your feet.
  • Disability benefits can provide an income for workers left with long-term or permanent disabilities.
  • Vocational rehabilitation can help disabled workers find a new job if they are no longer able to perform the responsibilities of their old position.

Consulting with a Workers’ Compensation Attorney

In theory, filing for workers’ compensation is a straightforward process that anyone should be able to handle on their own. In reality, there are a lot of details to consider that can make a big difference in the kind of benefits you receive.

An experienced workers’ compensation attorney can be the secret weapon you need to make the most of your claim. A good lawyer can help your case by:

  • Gathering the right evidence to make your claim as strong as possible
  • Making sure all the paperwork is filed by the deadlines
  • Negotiating with insurance companies for a fair settlement
  • Representing you in court if necessary

More than half of all workers’ compensation claims are denied in Florida. Don’t let it happen to you–work with an experienced attorney to give your claim the best possible chance of success.

Werner, Hoffman, Greig & Garcia Can Help You Win

If you or a loved one has suffered an injury or illness caused by your job, you deserve the medical coverage and wage replacement you need to rest and recover.

The experienced workers’ compensation attorneys at Werner, Hoffman, Greig & Garcia are here to fight for your rights. We know what you’re going through, and we know how to help. We have a proven track record of securing compensation for our clients.

To learn more about how we can help or to schedule a free case evaluation, please contact us online or at (800) 320-HELP.


Frequently Asked Questions

I was injured at work, but it wasn’t serious. Do I still qualify for workers’ compensation benefits?

Even minor work-related injuries can be covered by workers’ compensation. Report injuries received on the job to your employer and seek medical treatment, regardless of the severity.

My employer denied my workers’ compensation claim. What can I do?

If your workers’ compensation claim is denied, don’t panic. You can always appeal.

If your claim has been denied, consult with an experienced lawyer to discuss your options for an appeal.

No Win, No Fee Commitment

Werner, Hoffman, Greig & Garcia is committed to helping you rebuild your life after a hardship. We are not just your legal team—we are your allies, your partners, and your advocates. We will do everything we can to handle your case with compassion and care, and to get you the results you need!

“And for every fight we take on, know this…we are doing everything we can to make sure we win!”

— Werner, Hoffman, Greig & Garcia

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About the Author

Adam Werner is a partner and practicing attorney at WHG. He specializes in personal injury cases, workers’ compensation claims, and veteran disability benefits. He routinely writes about personal injury and workers comp topics for the Werner, Hoffman, Greig & Garcia blog

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