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Is There Negligence in a Florida Workers’ Compensation Case?

by FranksKoenig NeuweltOct 30, 20180 comments

Is There Negligence in a Florida Workers’ Compensation Case?

There is no need to prove another party’s negligence in a workers’ compensation case in Florida.

Florida’s workers’ compensation laws, as well as most other states, were written to ensure that injured workers received medical care and lost wages without the need of going to court to prove another party’s negligence.

Without getting into the nitty-gritty legal details, a negligent party would be someone who either did something that caused you harm or injury or failed to do something to protect you from, or prevent you from, an injury or accident. In a non-workers’ compensation case, like a shopper slipping and falling on a banana at a grocery store, the injured shopper must prove that the store was negligent in maintaining store safety.

While this is a very simplified version of the actual burden of proof required to win a negligence case, the point is that in a workers’ compensation case in Florida, an injured worker does not have to prove negligence. In fact, the accident or injury could be the injured worker’s fault, and they can still obtain medical care, lost wages or a settlement.

In a non-work related accident, an injured person would have to obtain their own medical care, pay their own bills and not receive any income if unable to return to work. They would then have to sue the wrongful party and hope for a settlement or judgment in their favor from a judge or jury.

But beware, an injured worker’s workers’ compensation case may be denied due to their own fault in certain circumstances. One scenario where this can happen is when an injured worker’s injuries resulted from the worker’s own intoxication from drugs or alcohol. Another way in which benefits may be denied is when the injured worker is the aggressor in a fight or altercation. A third way in which the workers’ compensation insurance company may deny care is when the injured worker substantially deviated from their employment so that they are no longer doing anything for the benefit of the employer at the time they were injured.

In the end, an injured worker doesn’t have to prove negligence and in most cases, fault doesn’t really matter. If you fall and get hurt, you still received benefits.

Palm Beach car accident lawyer

We have offices in Florida, Georgia and Illinois. It is not only important to talk to an experienced workers’ compensation lawyer when you have been hurt on the job, it is also the best way to make sure that you receive proper medical services and lost wages you are entitled to under the law. After all, the Workers’ Compensation law was created to protect you – the employee.

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