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Is Workers’ Compensation the same thing as suing my employer or is it some kind of government welfare program? No, a Workers’ Compensation claim is an insurance claim. It is not a lawsuit against your employer and it is not a welfare program. Most employers are required by law to carry Workers’ Compensation insurance to protect their employees in the case of work-related injuries. Unlike in a lawsuit, you are not required to prove fault in order to receive benefits. You can receive benefits even if you were at fault for your accident. If I receive Workers’ Compensation can I still sue my employer? No. Workers’ Compensation laws protect employees and employers alike. While you do not have to prove fault in order to be eligible for benefits, you cannot sue your employer for your injuries. This duel protection helps to ensure that all injured workers can receive compensation for their medical expenses and a portion of their lost income, and that they will receive benefits in a timely manner. You have a much better chance of receiving Workers’ Compensation benefits than you do of winning a personal injury lawsuit. However, the payout is generally far less. You may be able to file a lawsuit against a third party for your injuries. For instance, if your injuries were caused by defective equipment, you may be entitled to compensation through a product liability lawsuit. Are long-term illnesses covered by Workers’ Compensation? Yes, if they are work-related. Occupational illnesses, such as respiratory problems caused by exposure to toxic or hazardous substances, are covered by Workers’ Compensation. Hearing loss caused by exposure to noise or toxins may also be covered as an occupational illness. Repetitive stress injuries, such as carpal tunnel syndrome, are also covered. I was injured while travelling on business. Is that covered by Workers’ Compensation? Yes, in most cases. Work-related travel is covered by Workers’ Compensation, but there are some limits on what is considered to be work-related. Your daily commute is usually exempt from coverage, with some exceptions. An experienced Workers’ Compensation attorney can determine if you work-related travel injury is covered. I have a job. Does that automatically entitle me to Workers’ Compensation benefits? No. Only employees are entitled to Workers’ Compensation. Certain types of workers are not classified as employees and certain types of employers are exempt from Workers’ Compensation requirements. Independent contractors, most domestic servants, and some agricultural workers are not covered by Workers’ Compensation. If you still have questions about Workers’ Compensation, please visit the website of Orlando Workers’ Compensation attorneys David Best, P.A. and Dutch Anderson, P.A. to learn more today.
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