UPDATED: August 1, 2025

Is There Comparative Fault in Workers’ Compensation Cases in Miami?

Name: Is There Comparative Fault in Workers' Compensation Cases in Miami?
Uploaded: 2025-07-30T20:41:44Z
Duration: 1 min 24 s

Video Transcript

There’s not comparative fault in workers’ compensation cases like there is in motor vehicle or Miami personal injury cases.

Workers’ comp is a no-fault system—meaning if you’re hurt on the job, you’re generally entitled to benefits no matter who caused the accident. The only major exception is if you were under the influence of drugs or alcohol at the time of the injury. In Florida, including Miami, that can disqualify you from receiving any workers’ compensation benefits. That’s why, after a workplace injury, your employer will usually send you to a workers’ comp clinic and require a drug or alcohol test. If you fail, your benefits may be denied. But aside from that, fault doesn’t matter. You could be 100% responsible for causing your own accident, and as long as you were sober, you’re still entitled to medical treatment and wage benefits under workers’ compensation law.

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