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Tampa Workers' Compensation Attorney / Blog / Workers Compensation / When Can You Be Disqualified From Receiving Workers’ Compensation Benefits In Florida?

When Can You Be Disqualified From Receiving Workers’ Compensation Benefits In Florida?

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It is not uncommon for employees to sustain work-related injuries or develop occupational illnesses. While some jobs are more dangerous than others, Florida law requires all employers to provide workers’ compensation if they have at least four employees.

In the construction industry, employers must carry workers’ compensation insurance if they have at least one employee. While you may be eligible for workers’ compensation because of your work-related injury or illness, you should be aware of the grounds for disqualification from workers’ compensation in Florida.

Below, we will discuss when an employee can be disqualified from receiving workers’ compensation benefits in Florida. Speak with a Tampa workers’ compensation attorney to discuss your case and ensure that you receive the settlement to which you are entitled.

4 Situations in Which You Can Be Disqualified from Workers’ Compensation in Florida

If you sustained injuries in the scope and course of your employment, you could file a workers’ compensation claim through your employer’s insurance company to get compensated for some of your expenses and losses.

However, there are situations in which you can be disqualified from workers’ compensation, not to mention that many employers employ various tricks to withhold benefits and deny legitimate claims.

Let’s discuss the four grounds for disqualification from workers’ compensation benefits in Florida:

  1. You deliberately hurt yourself

You can be disqualified from receiving workers’ compensation if your injury is intentionally self-inflicted. Under Florida law, you cannot deliberately hurt yourself at work and demand compensation. An intentionally self-inflicted injury may disqualify you from workers’ compensation.

  1. You disregarded mandatory safety rules

Depending on the kind of work you do, you may be required to follow specific safety rules to prevent workplace accidents and injuries. For example, your employer may require you to use safety equipment to minimize the risk of injury at work.

If you disregard the safety rules and get injured as a result of your failure to follow the rules, you may be disqualified from receiving workers’ compensation benefits in Florida.

  1. You were under the influence of alcohol or drugs

Your employer’s insurance company might deny your workers’ compensation claim and disqualify you from seeking compensation if your workplace accident occurred when you were impaired by alcohol or drugs. Employees under the influence of alcohol or drugs are more likely to cause preventable accidents at work and sustain unnecessary injuries. Your intoxication at the time of the workplace accident may disqualify you from obtaining workers’ compensation benefits.

  1. You failed to notify your employer within 30 days

Florida law requires injured employees to report work-related injuries and illnesses within 30 days of their workplace accidents. If you fail to notify your employer within that timeframe, you may be disqualified from receiving workers’ compensation benefits.

The same can be said about workers’ compensation claims filed more than two years after sustaining an injury. In Florida’s the statute of limitations for workers’ compensation claims is two years.

Contact a Tampa Workers’ Compensation Attorney

Schedule a case evaluation with a skilled workers’ compensation attorney to ensure that you get compensated for your work-related injury or illness, even if your employer or their insurance company says that you are disqualified from receiving workers’ compensation benefits. Call 813-873-2440 to receive a consultation with our lawyer at Kobal Law.

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