Which Types of Injuries Are Compensable By Workers’ Compensation?
Most people think of workers’ compensation injuries as those happening because of sudden trauma – for example, broken bones or head trauma from accidents. However, Florida law recognizes several types of injuries that may be eligible for compensation if you can establish that they happened while on the job. It is always a good idea to be aware of your rights, especially if you have been injured and placed in a position where you might lose opportunities.
Injury Does Not Have To Be Sudden
The most important thing to understand about work-related injuries is the wide variety that can be compensable. The major issue with an injury is whether or not it can be shown to be a direct consequence of your duties – it is not necessary that an accident or event be the immediate cause. If the evidence is there, most insurers will cover the injury; if it is not, you may have problems getting what you require.
For example, many occupational diseases are compensable if it can be shown that the “nature of the employment” is the major contributing cause of the disease. Certain conditions are more common in people in the same profession – such as respiratory illnesses among coal miners – and with that pattern, it is easier to establish that they would not have contracted the condition if they had been in a different profession.
Several Types Of Injuries Are Compensable
Other common types of on-the-job injuries may be compensable, but the process of establishing them can be complex and drawn-out. For example, repetitive stress injuries (RSIs), such as carpal tunnel syndrome or tendonitis are generally developed or aggravated while at work, but it can be hard to establish how much of the RSI was pre-existing and how much was work-related. The right evidence must be present for you to receive workers’ compensation.
One of the most difficult types of injury to establish as related to work is mental, such as posttraumatic stress disorder (PTSD). Generally, Florida law does not recognize these injuries as being compensable, but in 2018, then-Governor Rick Scott signed a law which allowed first responders to file claims for PTSD and mental trauma if it can be established that the condition happened “in the course of the person’s employment.” Keep in mind that in this specific case, however, PTSD claims must be filed as occupational disease claims, rather than for mental trauma; Florida’s legislature does not seem to want to create any kind of precedent in that area.
Contact An Orlando Workers’ Compensation Attorney
If you have been injured on the job, you need to be made aware of your options when trying to receive the benefits you are entitled to. Without workers’ compensation, your family may face hard times – but an Orlando workers’ compensation attorney can help you pursue the compensation you deserve. Contact the Hornsby Law Group today for a free consultation.