Workers compensation is a form of insurance that provides wage replacement and medical benefits to employees injured in the course of their employment. But what happens when an employee is injured off the clock? Can they still claim workers comp benefits?
This blog post will examine the legal aspects of this issue, focusing on current legislation and how a Clearwater workers comp attorney can help.
Workers Compensation in Florida
In Florida, employers conducting work are required to provide workers compensation insurance for their employees. The specific employer coverage requirements are based on the type of industry, number of employees, and entity organization.
The Florida Department of Financial Services assists injured workers, employers, health care providers, and insurers following our state’s workers compensation rules and laws.
What Is an Off-the-Clock Injury?
The term “off the clock” typically refers to the time when an employee is not officially performing their work duties. This could be during a lunch break, before or after their scheduled shift, or on a day off. If an employee is injured during these times, they might wonder if they are still eligible for workers compensation.
Off-the-clock injuries can include those sustained on breaks, before or after hours, and even during commute time. These types of injuries may seem to fall outside the scope of employment, but in some cases, they may still be covered by workers compensation.
This is because the key factor in determining eligibility for workers compensation is not necessarily when or where the injury occurred, but whether the injury arose out of and in the course of employment.
Legal Considerations When Injured While Working Remotely
Florida Statute 440.02 states that workers compensation is only available to those who suffered in injury during the course of employment. This means that the injury must be connected in some way to the work that the employee performs or the conditions under which they work.
In some cases, off-the-clock injuries may still be eligible for workers compensation. For example, if an employee is injured while performing a task that benefits the employer, they may be eligible for workers compensation, even if they were technically injured off the clock.
However, each case is unique and the specific circumstances surrounding the injury will play a significant role in determining eligibility for benefits. Therefore, it is crucial to consult with a knowledgeable Clearwater workers compensation attorney who can evaluate your case and guide you through the process.
When Should My Workers Comp Claim Be Filed?
In Florida, the statute of limitations for workers compensation claims is two years from the date of the injury. This means that you have two years from the date of your injury to file a claim. If you fail to file a claim within this time period, you may lose your right to receive workers compensation benefits.
If Injured Off the Clock, Contact a Clearwater Workers Comp Lawyer
Understanding the nuances of workers compensation law can be challenging, especially when dealing with off-the-clock injuries. If you have been injured off the clock and are unsure about your eligibility, it is advisable to seek legal counsel.
A Clearwater workers compensation attorney can help you navigate the complexities of the workers comp system and ensure that you receive the benefits you are entitled to.
Contact us at 954-324-COMP to schedule your initial consultation!
