Worker's Compensation

Employees are free to sue the manufacturer/designer of a product used in the workplace that causes an

injury (strict liability).

In Florida, an injured worker filing a claim must sign the following statement on the claim form:

"Any person who, knowingly and with intent to injure, defraud, or deceive any employer or employee, insurance company, or self-insured program, files a statement of claim containing any false or misleading information commits insurance fraud, punishable as provided in s. 817.234."

Employee:

An employee is required to report an injury to their employer within 30 days after the date of or initial manifestation of the injury. Fla. Stat. § 440.185(1)

Prohibition on Retaliation:

An employer is prohibited from discharging, disciplining, or taking any other adverse personnel action against an employee for filing a worker's compensation claim. Fla. Stat. § 440.105(2)(a)(3)

Gacioch v. The Stroh Brewery Company, 396 N.W.2d 1 (Mich. 1986)

Facts: Employee worked at a brewery and was provided with beer during breaks pursuant to a collective bargaining agreement with the employer. After becoming aware the employee had a drinking problem, the employer prohibited the employee from drinking at work. The employee was later fired for drinking at work. Question: Is chronic alcoholism an occupational diseases which is compensable under worker's compensation? The Michigan Supreme Court held no.

Worker's Compensation Fraud:

Generally worker's compensation fraud consists of filing a false claim for injuries or exaggerating injuries.

Impairment Benefit:

If a worker is found to be at "maximum medical improvement," the doctor can evaluate the worker for permanent work restrictions and a possible permanent impairment rating. If a permanent impairment rating is issued, a worker will receive money based on the rating.

Undocumented Immigrants and Worker's Compensation

Most states have held that undocumented immigrants can receive worker's compensation benefits. In Florida, the main case on this point is Gene's Harvesting v. Rodriguez, 421 So.2d 701 (Fla. 1st Dist. Ct. App. 1982). The First District Court of Appeals stated, "We affirm the deputy's order finding that appellee, an alien illegally in this country, is entitled to Chapter 440 benefits for a work-related injury notwithstanding his immigration status. Section 440.02(2)(a), Florida Statutes (1980 Supp.), specifically included aliens among those "employees" entitled to benefits, and nothing in the statute suggests that workers not lawfully immigrated are excluded."

Worker's compensation is present in essentially all states.

The system allows a worker to obtain benefits (lost pay, coverage for medical bills, etc.) to workers while injured on the job and in the course and scope of their employment.

Medical Treatment:

The worker's compensation insurance company authorizes the doctor that treats the injured worker.

Temporary Partial Disability:

This is if a doctor states a worker can work, but the worker cannot earn the same wages earned at the time of injury. The worker's compensation benefit equals 80% of the difference between 80% of what one earned before the injury and what one is able to earn after the injury. One may receive only up to 104 weeks of temporary partial disability benefits.

Temporary Total Disability:

This is if a doctor states a worker is unable to work at all. The first 7 days lost from work are only paid if a worker loses more than 21 days from work. Benefits are paid on the 8th day lost from work. The worker's compensation benefit equals 66 2/3% of the average weekly wage at the time of injury. One may receive only up to 104 weeks of temporary total disability benefits.

Employer:

Within 7 days after actual knowledge of injury or death, the employer is required to report the injury or death to its worker's compensation carrier

Worker's compensation typically does not cover the intentional actions of an employer, so if the employer acts intentionally, a worker can sue in tort.

Worker's compensation also does not typically cover intentional self-inflicted injuries.

Non-Construction Employers:

Worker's compensation is required if there are 4 or more employees.

Agricultural Employers:

Worker's compensation is required if there are 5 or more full-time employees, or 12 or more seasonal employees.

Construction Employers:

Worker's compensation is required if there is 1 or more employees.

Employee that is covered by worker's compensation (worker's compensation is a no-fault insurance) system,

cannot sue the employer in tort.