Scott J. Sternberg & Associates, P.A.

Work Accidents and the Night Shift in Florida

Employees who suffer injuries while on the job are entitled to compensation. However, it’s common for employers to deny compensation to their injured workers. For example, an employer may claim that an injury didn’t occur within the scope of a worker’s duties or within business hours.

Can you be compensated if injured during the night shift?

There is a controversial workers’ compensation issue regarding employees who visit the workplace after-hours, outside of their shift. In this case, if an accident happens in the workplace after-hours and the employee was there for personal reasons, workers’ compensation coverage may not apply.

In Florida, the law allows employers to perform drug testing as an integral part of the workers' compensation process. However, this testing process must follow a specific procedure, and the results may not always be definitive. If you file a workers' compensation claim and realize that you are not eligible due to drug testing issues, don't give up. Don't just give in to whatever your employer dictates. Instead, consult with a workers' compensation lawyer to fight back.

If an employer intends to perform a drug test, they must adhere to a set of rules. These stringent regulations dictate whether the workplace is considered drug-free or not. If they qualify as drug-free workplaces, they are likely to get discounts in accordance with the state laws. The specific rules that regulate workers' compensation drug testing are outlined in Florida Statute 440.102.

These discounts are only available if the employers inform their employees of the drug testing and operate in accordance with the set requirements to offer sufficient education for drug testing. Remember, drug testing exercise can be conducted for employment purposes or as an essential part of routine fitness exams. It can also be done if a worker is filing a workers' compensation claim.

Drug testing and your workers' comp claim

If you were injured on the job and eligible for worker's compensation benefits, your employer may require a drug test. Florida's state laws allow this practice to protect employees and their companies. If you refuse to submit to such tests or your test turns out positive, your employer has the right to deny you the workers' compensation benefits. Despite being injured on the job, a positive drug test could mean you will not receive compensation for your damages. 

However, your employer must have previously established the entire work environment a drug-free zone and should follow the state's drug testing statute for conducting the necessary drug tests. If any of these two conditions are violated, you may still have a valid workers' compensation claim. So, you should consult with a workers compensation attorney who can analyze your case and defend your rights. 

All forms of drug testing for workers' compensation claims should be performed confidentially. Your employer should provide their organization's drug use policy, details regarding drugs a specific test is designed to detect, and a copy of the testing results, whether negative or positive. The employer should also provide details about how you can contest the results of a specific drug test. 

Prescription drugs or medication

This is often a topic of concern for most people pursuing a workers' compensation claim. Opiates found in most illegal substances like heroin are also found in the ingredient list of most prescription painkillers. Depending on the specific type of medication you may be taking, some drug tests could give a false positive. This shouldn't allow your employer to deny you workers' compensation benefits.

Many employees don't have sufficient knowledge of the workers' compensation laws in Florida. This is why it's important to have a good lawyer on your side to defend your interests in case a drug test returns a false positive. 

Medical marijuana

The United States economy has seen exponential growth in the past few decades. Consumer-based industries have contributed to the increasing need for warehouses and workers. This increased demand is seen in the manufacturing, and industrial sectors as warehouses and other storage options play a key role in the distribution chain.

Work injuries are inevitable – they can occur at any time and in any kind of work setting. Fortunately, state laws in Florida require employees injured while at work to get workers’ compensation benefits, regardless of negligence or fault. The sad reality is that dealing with the complex workers’ compensation regulations can be quite frustrating when all you want is to be healthy again. Sometimes, employers and insurance companies may not always be willing to pay you if you are unable to work. They will either deny liability or even try to reduce the benefits you are owed. In such instances, it’s apparent that you might feel like the loyalty you’ve shown your employer throughout your years of service was all for nothing. But there’s no need to feel upset.

Under Florida law, most employers must purchase workers’ compensation insurance to cover their employees in the event of occupational injuries and diseases. Workers’ compensation benefits compensate the injured employee for his or her medical bills and two-thirds of their lost wages due to the work-related injury or illness.

An employee who sustained a work-related injury or illness and is rendered unable to work relies heavily on workers’ comp benefits. Therefore, the second question after, “Do I qualify for workers’ compensation benefits?” is always, “When will I receive my first workers’ compensation check?”

When you suffer an on-the-job injury, workers’ compensation benefits can feel like a godsend as they allow you to pay your medical bills and help you make ends meet while you are out of work due to your injury or illness.

However, the question, “Will I have to pay taxes on my workers’ comp benefits in Florida?” may bother nearly everyone who is receiving the benefits. So, is workers’ compensation taxable in Florida?