Can you get workers’ comp even if you were partially at fault?

On Behalf of | Jul 13, 2023 | Blog, Workers' Compensation |

Workplace injuries can be disconcerting, especially when the accident happens partly due to your actions. Florida’s laws regarding workers’ compensation have nuances that allow for compensation, even if you were partially at fault for your injury. This is beneficial for workers as it allows for some level of protection and support after an accident no matter who is at fault.

Learn about the key details of Florida’s workers’ compensation laws that concern partial fault and how they can affect your claim.

How does workers’ comp work in Florida?

Florida operates under a no-fault workers’ compensation system. This means that you may still be eligible for benefits even if your own negligence contributed to the accident. The system focuses on the fact that the injury occurred on the job, not who caused it.

What does workers’ compensation cover?

Florida’s workers’ compensation provides benefits for all reasonable and necessary medical care related to your injury. It also compensates for lost wages if you cannot work due to the injury. These benefits apply whether you were at fault or not.

When might workers’ compensation not apply?

There are situations where workers’ compensation will not cover your injuries. If you were under the influence of drugs or alcohol, intentionally caused the accident or violated company policy, you might lose your right to workers’ compensation.

When might you see a potential reduction in benefits?

Even if you qualify for workers’ compensation, you should know that they can sometimes reduce benefits. If safety equipment was available and you chose not to use it, or if you did not follow safety rules, they could reduce your benefits by 25%.

What if a third party shares the blame?

In some cases, a third party may also share the blame for your accident. This could be a manufacturer of faulty equipment or a non-employee who caused the accident. In these cases, you might be able to file a lawsuit against that party in addition to receiving workers’ compensation.

Understanding the ins and outs of workers’ compensation in Florida is helpful when navigating the aftermath of a workplace accident. Even if you bear some fault, Florida law ensures you have access to the support you need to recover and get back to work.

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