Do I Need to Prove Liability for Workers’ Compensation?
In the aftermath of a serious workplace injury, it can be difficult to focus on the requirements of seeking workers’ compensation coverage, especially if your injury has left you physically debilitated. Many injured workers do not take the steps they need to take in order to receive benefits because they do not have accurate information about how the workers’ compensation system works. One myth or misconception about workers’ compensation in Florida is that an injured worker needs to provide proof of liability in order to obtain workers’ compensation coverage. However, it is critical to know that the Florida workers’ compensation system is a no-fault system. What this means is that there is no requirement for proving liability in order to obtain compensation. A West Palm Beach workers’ compensation lawyer at our firm can tell you more.
Understanding the Florida No-Fault Workers’ Compensation System
Florida’s workers’ compensation system is a no-fault system. As such, there is no need to prove liability in order to be eligible for benefits. Rather, the injured employee only needs to show that the injury occurred as a result of an accident arising out of their employment. The Florida Statutes define “accident” to mean “only an unexpected or unusual event or result that happens suddenly.” There are also circumstances under which an occupational disease can be compensable through the Florida workers’ compensation system.
Even if an employee’s own negligence causes the injury, the employee is generally still eligible for compensation. One of the only circumstances in which an employee’s own negligence can bar them from compensation is if the employee has a high enough blood alcohol concentration to be intoxicated.
Proving Third-Party Liability in a Civil Lawsuit
As a no-fault system, there is no need to prove fault for workers’ compensation. Since workers’ compensation is a no-fault system, an injured worker cannot file a civil lawsuit against an employer or a co-worker for compensation, regardless of fault. However, it may be possible to file a third-party claim if you can prove that a third party was at fault for your injury.
In order to file a third-party claim in addition to receiving your workers’ compensation benefits, you will need to be able to show that a third party, such as an automobile driver or the maker of a defective product, is liable for your injuries. An experienced workers’ compensation attorney can say more about how third-party claims occur in workplace injury cases.
Contact Our West Palm Beach Workers’ Compensation Attorneys
One of the major benefits of workers’ compensation coverage is that it is no-fault coverage, which means an injured worker does not have to prove fault in order to be eligible to receive benefits. There are even many circumstances, as we have discussed above, where an injured worker’s own negligence will not prevent that worker from obtaining workers’ compensation coverage. If you have any questions or require assistance seeking benefits, one of the experienced West Palm Beach workers’ compensation lawyers at the Law Offices of David M. Benenfeld, P.A. can help you today. Contact our firm to learn more about the services we provide to injured workers and their families in South Florida.
Source:
flsenate.gov/Laws/Statutes/2017/Chap
