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M H Law Matheson and Horowitz injury and disability lawyers
772-571-4109
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Trial-Ready Lawyers: Courts And Insurers Take Our Clients’ Cases Seriously

Edward G. Matheson and Michael K. Horowitz
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Does your work mistake prevent you from claiming workers’ comp?

On Behalf of Matheson and Horowitz | May 24, 2022 | Workers' Compensation |

Even if you are a diligent professional, you could get hurt at work. Weather issues, machinery failures and errors by other employees could all result in your injury.

Of course, so you could easily make a mistake on the job that contributes to your getting hurt at work. Can your employer or their insurance company deny you benefits because you slipped in a puddle on the floor or made a small mistake while working with heavy machinery in a production facility?

Workers’ compensation provides no-fault coverage

Mistakes happen at work, and whether your mistake or the mistake of another employee resulted in your getting hurt, you generally have the same benefit rights. You don’t have to prove that you made no mistakes at all to claim benefits, just like you don’t have to prove that your employer was actually to blame for your injury to qualify.

No-fault coverage available through Florida workers’ compensation will protect you even if there is video footage of you making the mistake that caused your injury. There are only two situations in which your contributions to an injury could affect your rights.

The first is if your employer can credibly claim that you hurt yourself on purpose or intended to cause the accident. The second is when you fail a drug or alcohol test after getting hurt on the job and your employer can show that your impairment directly caused your injury. Otherwise, even the most preventable mistake will not preclude you from claiming benefits.

Your employer could try to trick you

While you have the right to claim benefits, that doesn’t mean that your employer and their insurance company will happily write you a check for the maximum amount possible given your medical condition. In fact, the companies involved will probably do their best to pay as little as they reasonably can. They may even lie to you about your rights.

You need to know your rights and how to avoid insurance company tactics that could affect your claim. Many applicants benefit from securing professional assistance from a lawyer because they don’t know how to handle insurance company pressure or negotiate for an appropriate settlement. Learning more about what rules apply to workers’ compensation benefits in Florida can help you get medical coverage and disability benefits after you get hurt on the job.

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