It can be frustrating to be hurt at work, especially when you have serious injuries that keep you from earning wages to meet your financial needs. As frustrating as it may be, there are limitations on what you can do to hold an employer responsible. Understanding workers’ compensation in Florida can help you learn a bit more about your legal rights and the steps you can take.
At Ara Work Injury Law, we work closely with our clients to provide comprehensive legal support as they navigate workplace accident rights. If you are struggling to receive fair treatment, contact our workers’ comp attorney in Florida for hands-on support.
Workers’ Compensation as the Exclusive Remedy
It is very common for people hurt at work to want to take legal action simply because what happened to them is not fair. Worker’s Compensation is the exclusive remedy for injured workers in Florida, with very limited exceptions. Meaning you can not sue the employer for damages beyond what is available under the Workers Compensation system. Your Workers Compensation lawsuit is against the employer and their insurance company.
Florida workers’ compensation laws ensure employees receive compensation for medical bills and other costs while protecting employers from lawsuits seeking damages that are not available under the law.
In short, under the state’s laws, the workers’ compensation system will provide medical benefits along with wage replacement to workers hurt on the job. It does this without requiring you or the employer to address fault.
Exceptions to the Exclusive Remedy Rule
For most workers, this is fair treatment. However, that does not always happen. There are some situations in which victims of injuries at work have the right to seek a workplace injury lawsuit. Consider the following examples of when this applies.
Intentional Harm by Employer
In situations where the employer deliberately causes your injury, you may be able to seek compensation through a lawsuit. For example, if an employer knowingly puts you at risk on the job, knowingly does not provide necessary safety equipment, or even tells you to do something that they know will cause an injury, then you may be able to file a lawsuit against them.
Lack of Workers’ Compensation Coverage
In some situations, an employer will not have workers’ compensation. Typically, most employers have to maintain coverage. This is applicable in situations where the employer has four or more employees. That includes full-time or part-time employees.
If, for any reason, they do not have coverage, and you suffer an injury on the job, the employer may be required to pay for any losses you have. You can sue an employer for injury in these situations.
Third-Party Liability Claims
A third-party liability claim may apply in some situations if you can demonstrate that someone else, not your employer, is responsible for your injuries. For example, if your employer uses a subcontractor that creates unsafe conditions, that subcontractor could be held responsible for the injuries and losses you have.
Another example is a manufacturer who creates an unsafe piece of equipment, and that safety risk is what caused your accident and injury. If you are hurt by another driver, perhaps an impaired driver or someone speeding while you are working, that driver could be held liable for the losses you have.
In these situations, you are not seeking an employer negligence lawsuit but rather filing a lawsuit against the negligent third party. Some of the most common examples of when this may apply include:
- Defective equipment
- Unsafe work conditions caused by a property owner if you are on a job site
- Car accidents while on the job
If you believe your injury is not necessarily due to your employer’s mistakes but instead due to another party interacting with your job, reach out to a workers’ comp attorney in Florida to learn more about your rights. A third-party liability claim is very different from what you could expect from filing a workers’ compensation claim.
Differences Between Workers’ Comp and Personal Injury Lawsuits
Workers’ compensation claims provide compensation for medical expenses and lost wages when you are hurt on the job while engaging in work-related tasks. If you are hurt at work, the only typical legal step you can take is to file a workers’ compensation claim for those losses. Note that you cannot claim pain and suffering.
A third party lawsuit is a claim made against another person you believe is negligent in some way. This could be any other party that is not your employer. In a third party lawsuit, it may be possible to recover damages for any losses you can demonstrate. This could include medical expenses, lost wages, and pain and suffering. It may include any other damages you can prove the other party caused.
What to Do If You Are Injured at Work
If you suffer an injury at work, your first step is to get medical care if it is an emergency. Once you do, or as soon as possible after the accident, alert your employer to the insurance or accident. You must do this to seek compensation for your claim.
Your employer may provide you with instructions on where to get care in non-life-threatening accidents. Be sure to get care from that provider.
This could be all you need to do in a basic claim. However, if you believe your accident qualifies as either an employer negligence lawsuit or a third-party liability claim, you need the guidance of an attorney. If you are denied compensation from workers’ compensation or you believe your workplace accident rights were violated in any way, we encourage you to speak to an attorney from our firm about your case.
Protect Your Legal Rights: Turn to Our Workers’ Compensation Rights Attorney Now
Whether you believe your employer was intentional or someone else caused your injuries, it is always possible to gain clarity on your legal rights by seeking the guidance of a workers’ compensation lawyer. At Ara Work Injury Law, our legal team is here to help you. We help those in Florida get the support they need after being hurt at work. Call us at 561.934.3272 | 561.9343.ARA if you’ve been injured in a Florida work-related accident.
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