Legal Question in Workers Comp in Florida

Training injury

My job as a police officer requires I pass a PT test every 90 days. Running, jumping, climbing. It is a timed event that requires continual physical conditioning. If we don�t pass we lose our job. I sustained an injury while training for this test. Am I covered under workers comp?


Asked on 6/05/09, 9:20 am

1 Answer from Attorneys

Thomas Shigo The Shigo Law Firm, P.A.

Re: Training injury

To be compensible the injury must arise out of the course and scope of employment. In general, an employee is on their own when injured while off the clock so to speak. This is true even if the employee was engaging in activities required by the employer to maintain the essential qualifications for retained employment.

However, the facts and circumstances are important. There may be facts that could bring this within a covered injury (i.e. union/employment agreement, employer premises, employer provided facilities, employer sponsored facilities, organized pre-test conditioning, and others). You really need to talk to an experienced WC attorney (or two) to explore the specific facts of your injury to see if one of the exceptions apply. You may also email me if you wish to discuss this further.

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Answered on 6/05/09, 9:49 am


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