Louis P. Pfeffer Workers Compensation Law Blog on Lawyers.com

Understanding Workers Compensation Laws

Tuesday, June 16, 2009 by Louis P. Pfeffer

In Florida, workers' compensation laws provide that an injured employee is entitled to benefits regardless of who is responsible for the injury. However, under workers comp law, employees do have a certain responsibility. It is the responsibility of employees to follow all safety regulations and procedures put forth by the employer. Also, employees should not engage in reckless behavior, inflict injuries upon themselves deliberately, abuse illicit drugs or alcohol or engage in criminal activity. Injuries sustained under these circumstance may not covered by workers compensation.

Qualifying for Benefits

In order to qualify for benefits under worker comp laws you must first be an employee of a company or business. Typically the law excludes workers who are consultants, contractors, domestic workers, and volunteers.. In order to qualify for worker comp benefits you must be an employee in good standing, not violating your responsibilities, and in the case of a workplace injury follow the proper course of action. See our article on Making a Workers Comp Claim.

Employer Responsibilities

Firstly, it is the responsibility of an employer to be covered for workers compensation with a policy from a Florida state approved insurance carrier. Assuming the business has the appropriate coverage, the employer must apply this to qualifying employees and provide employees with information and resources to help them understand workers compensation coverage. If an employee is injured on the job, the employer must immediately file a workers’ compensation claim with its insurance carrier. The insurance company must then investigate the claim and promptly authorize appropriate medical care and provide any appropriate wage replacement benefits to the injured worker without the injured worker having to file a written claim for benefits.

Louis P. Pfeffer, P.A., 250 South Central Boulevard, Suite 205, Jupiter, Florida 33458, tel: 866-959-9237

Posted at 10:19 AM

Topic: Workers Compensation