Many injured employees often wonder if they have a workers compensation claim under Florida law if it was their own fault that an accident occurred. The answer to this question is often yes because the workers compensation system is a no-fault system.
This is a very big distinction from a personal injury case, such as when a person is involved in a car accident unrelated to work, as negligence and fault generally need to be established in order to have a case under that type of scenario.
An example of the no-fault system would be if an employee cuts their hand with a knife in the kitchen while performing their job duties. Obviously, this would be nobody else’s fault aside from the employee’s, but they are still covered by the workers compensation law as long as they were injured within the course and scope of their employment. That last sentence is the key to establishing a claim for a work related accident. If an employee is off of the clock and not performing their required job duties when an accident occurs, then their rights under the workers compensation system are likely not triggered aside from a few potential exceptions. An example of an exception would be when an accident occurs on the employer’s premises, but the employee still has not clocked in to start their shift.
The no-fault system protects both employers and employees. The employer is protected because generally the employee’s only remedy would be to pursue a workers compensation claim. The employer cannot be sued by the injured worker under the personal injury law unless a very high standard of negligence is met. The employee is also protected as they once again do not need to establish fault in order to have the right to pursue a workers compensation claim.
At the Law Offices of Ala Alikhani, P.A., we will evaluate the details surrounding an accident to determine whether there is a workers compensation claim that can be pursued under Florida law. We have offices in Boca Raton and North Miami. Our case evaluation is free and there are no out of pocket fees or costs for representation. So if you or a loved one has been involved in a work related accident, contact the Law Offices of Ala Alikhani, P.A. at (561) 617-1672 to schedule your free consultation.