Does The Type Of Injury Affect My Workers’ Compensation Claim?
Were you recently injured on the job in or around Sunrise, Florida? You may be eligible to seek compensation by filing a Florida workers’ compensation claim. Our experienced South Florida workers’ compensation lawyers want to help you understand more about the types of injuries that can be compensable through the Florida workers’ compensation system. While there are many myths and misconceptions about the types of injuries for which an injured worker can seek compensation, we want to provide you with clear information to help you move forward with your claim.
Florida Workers’ Compensation Law Does Not Distinguish Between Types of Traumatic Injuries
You should know that Florida workers’ compensation law does not distinguish between or among different types of traumatic injuries on the job when it comes to compensability. In other words, whether you suffered a traumatic brain injury, a back injury, a broken bone, an amputation, serious cuts or abrasions, or another type of traumatic injury on the job, the workers’ compensation allows you to seek compensation as long as you are otherwise eligible.
Occupational Disease Claims Are Also Compensable But Are Distinguished from Traumatic Injuries
When it comes to the types of injuries that are compensable through the workers’ compensation, we do want to point out that Florida law does distinguish between traumatic injuries (i.e., those that happen suddenly) and occupational diseases. However, the way in which the law distinguishes between these types of injuries or conditions does not result in the statute saying that occupational diseases cannot be compensated through the Florida workers’ compensation system. In fact, the opposite is true, and occupational diseases, like traumatic injuries, can be compensable. Similar to the traumatic injuries we discussed above, Florida law does not distinguish between specific kinds of occupational diseases when speaking to whether the disease is compensable.
Rather, Florida law defines an occupational disease to mean “a disease which is due to causes and conditions which are characteristic of an peculiar to a particular trade, occupation, process, or employment, and to exclude all ordinary diseases of life to which the general public is exposed, unless the incidence of the disease is substantially higher in the particular trade, occupation, process, or employment than for the general public.”
Pre-Existing Conditions Could Affect Your Claim
While the existence of pre-existing conditions does not mean that the type of injury will necessarily play a role in determining your eligibility for workers’ compensation benefits, we do want to emphasize that Florida law requires any injury connected to your work—whether it is a traumatic injury or an occupational disease—to be the “major contributing cause” of your current disabling condition in order for the injury to be compensable through the Florida workers’ compensation system.
Seek Advice from a Sunrise Workers’ Compensation Lawyer
Do you have questions about your eligibility for workers’ compensation benefits? Do you need assistance filing a claim for financial compensation and medical coverage? Our experienced Sunrise workers’ compensation attorneys can assist you. Contact the Law Offices of David M. Benenfeld, P.A. today for more information and to get started on your workers’ compensation case.
Resource:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0400-0499/0440/Sections/0440.151.html
