In Florida, chapter 440 of the state worker’s compensation laws define requirements for all employers. It outlines all requirements and definitions associated with injured workers. The details highlighted by the laws direct injured workers when filing a claim. A Workers Comp Attorney in Melbourne FL reviews the legislation with the workers.
How Does 440.02 Define an Employee?
Under definitions, an employee is any party that draws remuneration from a company for services or work on a continuous basis. The employee establishes an employee-employer relationship through an appointment or contract. The law identifies the individual as an employee whether or not they are employed legally. Illegal immigrants are included in the law.
440.09 Details Coverage for Employees
Under the section of the state laws, employees receive compensation and/or benefits after suffering an injury described as accidental and compensable. The employee’s injury must occur as a result of performing services included in the scope of their job. A doctor must identify a temporary or permanent disability established by a relevant and conclusive diagnosis.
What is Major Contributing Cause?
A major contributing cause indicates that the party identified carries more than half of the responsibility for the employee’s injury. In terms of a worker’s comp claim, a major contributing cause could equate to exposure to harmful substances that led to an occupational disease. A clear indication of a major contributing cause is the development of mesothelioma linked to asbestos found in the workplace.
Employees that suffer a subsequent injury after the initial injury must prove a major contributing cause existed to add the new injury to their claim. For example, the worker who files a claim for mesothelioma initially could add a new injury to the claim if cancer, spreads to surrounding organs. Medical evidence must link the occupational disease to further cancer developments.
In Florida, worker’s compensation laws outlined in chapter 440 explains the responsibilities of the employer and the employee. The legislation highlights specific definitions such as the employee-employer relationship. Injured workers who need more information contact a Workers Comp Attorney in Melbourne FL through Matheson, Horowitz & Devonmille and schedule an appointment now.
