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November 15, 2017

Injuries Not Covered By Workers Compensation

Not Every Injury is Covered

Florida workers compensation laws are set in place specifically to protect both employees’ right to a safe work environment and the employer’s need to bear the financial burden of potential medical costs. Through the purchase of workers compensation insurance, employers can care for the well being of workers without the fear of litigation from an Orlando workers compensation attorney. In a no-fault state, where insurers are responsible regardless of most circumstances, workers are further protected from the event of inevitable mistakes and accidents. However, not every work-related injury or illness is necessarily covered by workers compensation law. Furthermore, specific incidents may require further investigation to determine if your claim is valid at all. Bear in mind the particular incidents where your guarantee of workers compensation may fall short or require the attention of an experienced workers compensation attorney in Orlando. 

Injuries Requiring Simple First Aid Treatment

Not every nick and cut is deserving of a run to the emergency room. In many cases, if your injury is minor enough to be treated with minor first aid then workers compensation is deemed unnecessary. Of course, some injuries can appear minor at first, and even small cuts can become dangerously infected if not properly treated. Your employer should always keep a well-stocked first aid kit, and you should report all injuries to your employer immediately.    

Injuries Caused Outside the Scope of Employment

Your workers compensation claim will be promptly denied if you are found to be guilty of any of these circumstances:

  • Working under the influence of drugs or alcohol
  • Acting unlawfully or committing a crime
  • Self-inflicting injuries
  • Fighting and horseplay
  • Violating company policy

An Orlando workers compensation attorney works specifically to protect your rights as an honest employee. Dangerous errors that are shown to portray negligent behavior are not the obligation of your employer. Thusly, if you are intoxicated or being criminally irresponsible then you will be obligated for your own medical costs. Events that fall within the scope of employment can sometimes be debatable. If you are injured while traveling or returning to work from a break, a claim for workers compensation may or may not be admissible. Furthermore, if you are assaulted by a co-worker or supervisor, your Orlando personal injury lawyer may pursue your attacker and not your employer.

Heart Attacks

If you suffer a heart attack or stroke while on the job, it may be difficult to prove that your injury was a result of your work. Heart attacks are often brought on by a variety of harmful factors, including weight, diet, genetics, stress, and more. However, excessive temperatures and physical exertion can also cause a myriad of health problems that are job-related. Additionally, if such an unexpected health failure caused you to fall or hit your head, it may be difficult to assess how much medical care your employer should cover.   

When to Call an Orlando Workers Compensation Attorney

Volunteers, independent contractors, and various other employment types are not necessarily held to the same standards of workers compensation law. For your safety, always speak to your employer about the exact sort of protection you can expect. No employment of any sort has a right to put you at unreasonable risk for health and safety, so do not hesitate to contact an Orlando workers compensation lawyer if you feel you are unfairly treated. 

Article by Charles Leo / Workers' Compensation Law

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Paul Gladieux AvatarPaul Gladieux
Mr. Leo has always been there for us. And and very informative and very professional, thank you.
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I'm Robert Daniels. In September, 2010 I injured my knee doing construction work. After surgery and physical therapy, I never regained full use of my knee. I found the Leo Trial Group and they represented me for a SSDI appeal. So glad I did. The bank would have foreclosed on our house and we'd have been living on the street without the help of my attorney. My attorney filed a motion and brief with the SSA to make a decision prior to waiting on a hearing. I was granted SSDI and words can't express what a great relief this was. Here it is March, 2023 and my family needs you again to help us with another SSDI matter. We will be reaching out to you next week. Thanks so much.
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About Charles Leo

A Cocoa Beach, Florida native, Charles Leo is the main shareholder in the Central Florida based firm Law Offices of Charles H. Leo, P.A. The firm focuses on representing accident victims in their claims against insurance companies for workplace injuries and auto accidents. His extensive trial experience has led to trials in most statewide Workers' Compensation courts. Mr Leo has handled complex appeals before the First District and is AV Rated by Martindale Hubbell.

Mr. Leo's free time is spend coaching or watching his children's sports activities, which include baseball, surfing & fishing.

Charles Leo's passion and commitment to helping Floridians led him to start his own firm in 1997. The Law Offices of Charles Leo, P.A. has helped thousands of Floridians since January of 1997, and is committed to trying to help each and every client fight for justice.

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