Workers’ compensation supports employees who suffer work-related injuries or illnesses by covering medical expenses, a portion of lost wages and rehabilitation costs. In the unfortunate event of an employee’s death, it provides benefits to the deceased’s dependents. It also protects employers from costly lawsuits because accepting workers’ compensation benefits often requires employees to waive their right to sue their employer. Overall, it’s a safety net for both employees and employers.
Here in Florida, all businesses with four or more employees (full-time or part-time) must have workers’ compensation insurance. This rule has some exceptions, with sole proprietors being one example.
Types of injuries not usually covered
Workers’ compensation covers a wide variety of injuries and illnesses, but it excludes some of them. While the circumstances of injuries will vary, some common injuries not covered include:
- Self-inflicted injuries: While employees can be at fault for their injuries, the injury can’t be caused intentionally by the employee.
- Injuries suffered while under the influence: It doesn’t cover injury resulting from an accident caused by the employee impaired while on the job.
- Injuries related to criminal activities: Employees engaged in illegal activities at the time are not covered.
- Pain and suffering: Unlike personal injury lawsuits, workers’ compensation does not cover pain and emotional distress.
- Pre-existing injuries: Pre-existing injuries are not covered unless a new work injury aggravates them.
- Minor injuries and illnesses: Illnesses like cuts, flu, and bruises are not covered.
What to do if you’re not covered
If you’re seriously injured at work, it’s crucial to seek medical care and notify your employer, regardless of whether you believe workers’ compensation covers your injury. While it’s not ideal, it’s common for employers or insurance companies to dispute the coverage of your injury. It could be a simple error with the paperwork, a missed deadline or a dispute over the nature of the injury. Still, an experienced workers’ compensation lawyer can help workers appeal the denial or exclusion. Circumstances vary, so discussing your injury with a workers’ compensation lawyer is often helpful.