The concept of fault, in this case, meaning someone who is responsible for an accident, plays a leading role in personal injury litigation. If you were injured by a negligent person or business you must prove they were at fault before you can recover financial compensation. This is not the case in the realm of Florida workers’ compensation.
Under Florida law, fault plays no role in workers’ compensation claims. This no-fault system offers advantages to both employees and employers, which we will explore more in-depth on this page.
If you were injured on the job, the experienced workers’ compensation lawyers at Berlin Law Firm are here to answer your questions. We’ll help you understand your rights under the no-fault system, and fight for the full and fair compensation to which you are entitled under the law.
With law offices in Sarasota and Tampa, we handle workers’ compensation claims and appeals for injured workers throughout the state.
Discuss Your Work Injury Claim for Free
Learn the types of compensation you may be eligible for and have your questions answered. Call today.
A Better System for Employers and Employees
The modern-day no-fault workers’ compensation system is a marked improvement over its predecessors. Into the early 20th Century, people who were injured on the job had no recourse but to sue their employers directly, a costly and time-consuming affair few injured workers could afford. Furthermore, if employees were found to be in some way responsible for causing their own injuries, the legal system would often deny them any compensation at all.
Under the no-fault workers’ comp system, injured workers are entitled to workers’ compensation benefits no matter who was at fault. This system:
- Protects employers by shielding them from lawsuits by their injured employees.
- Protects employees by providing them with financial relief without the need to sue or prove fault.
The concept of no-fault goes both ways. The vast majority of the time, you cannot sue your employer over a mistake or unsafe condition that caused your accident.
At the same time, your employer cannot deny you benefits because you made a mistake, failed to follow a safety protocol, or were otherwise responsible for the accident that caused your injury.
Exceptions Happen but They’re Rare
There are a few situations in which fault may play a role in a workers’ compensation claim. These include:
- Employees may be denied benefits if they were engaging in horseplay, fighting, under the influence of alcohol or drugs, or were in some other way engaging in blatantly dangerous conduct outside the scope of their work.
- Employees may sue their employers over work injuries if those injuries are the result of gross negligence on the part of the employer, or if the employer intentionally inflicted harm on the employee.
- If a negligent third party was responsible for the accident, the injured employee may file a personal injury claim against that third party. For instance, if you were driving a truck in the course of your employment and were injured by a careless driver, your workers’ comp claim would proceed as normal with fault having no bearing on the outcome. If you were to file a separate personal injury claim against the at-fault driver, however, fault would come into play.
While these situations are relatively rare, you will want to know about them in the event they can help—or hinder—your own legal prospects. An experienced Florida work injury lawyer at our firm can help you understand Florida laws as they pertain to your unique set of circumstances and guide you to the path of the strongest possible financial recovery.
Don’t Let Them Deny Your Claim
If your employer or the insurance company has attempted to deny your claim by saying you were at fault in causing your work injury, remember the protections you are offered under Florida’s no-fault workers’ compensation system.
It doesn’t matter if your injury was the result of a mistake, oversight, or sloppy work. You deserve workers’ comp benefits for any injury you have suffered while you were on the job.
Talk With an Attorney Who Can Make a Difference in Your Case
Our attorneys possess a deep understanding of Florida workers’ compensation laws and understand the nuances of the no-fault system. With 30+ years of experience, we are prepared to handle all aspects of your claim or appeal, no matter how serious your injuries or how complex the issues.
To arrange a free, no-obligation consultation with a member of our legal team, contact us today.
Discuss Your Work Injury Claim for Free
Learn the types of compensation you may be eligible for and have your questions answered. Call today.
