If you were involved in a truck accident in a company vehicle and suffered injuries that require you to receive medical treatment and/or therapy, you may be entitled to workers’ comp benefits given one of the following circumstances does not exist:
- Your injury was caused by your “willful intention to injure or kill [yourself] or another.”
- Your injury was caused “primarily because [you were] intoxicated or under the influence of drugs.”
- Your injury “is covered by the Federal Employer’s Liability Act, the Longshore and Harbor Workers’ Compensation Act, or the Jones Act (if [you are] a “seaman” or member of a crew).”
[Source: Florida Division of Workers’ Compensation].
If any of the above is true, you won’t be entitled to obtain workers’ compensation benefits from your employer’s insurer for the injuries you suffered in the truck collision in St. Petersburg, FL. Now, if none of the circumstances listed above apply to you, then you may be eligible for workers’ compensation benefits which would pay for your medical care and even a percentage of your normal salary in the event you cannot work.
For instance, if the injuries you suffered require you to visit a physician once a week and attend therapy twice a week for six weeks, your employer’s insurer is expected to pay for these visits and may even reimburse you for the travel costs you incur to get you to and from your appointments. In the event your employer is putting off submitting a claim, you might need to speak with a St. Petersburg, FL truck accident attorney.
What are some things workers’ compensation insurance won’t pay for?
According to the Florida Division of Workers’ Compensation, workers’ compensation benefits will not pay for the following conditions:
- A “mental or nervous injury due to stress, fright, or excitement.”
- A “work-related condition that causes an employee to have fear or dislike for another individual because of the individual’s race, color, religion, sex, national origin, age, or handicap.”
- Pain and suffering. The Florida Division of Workers’ Compensation says that “an employer cannot sue an injured worker for causing a catastrophe nor can the injured worker sue the employer for their injury. This trade-off makes it possible for injured workers to receive immediate medical care, at no cost to the injured worker, without any consideration for who was at fault, the employer or the employee.” However, if negligence was a factor in the truck crash and you chose to file a civil suit, this would need to be proven before any compensation is awarded.
While workers’ compensation can help injured workers obtain the medical care they need and still receive income while they spend time out of work recovering, it won’t compensate you for all of the damages you suffered. If you’d like to find out how you can collect compensation for your pain and suffering, mental anguish, etc. contact Karikas & Kasaris, P.A. to speak with a truck accident lawyer in St. Petersburg, FL.
Karikas & Kasaris, P.A. can be reached at:
3643 1st Avenue North
St. Petersburg, FL 33713