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Yes, in Florida, you have the right to file a workers’ compensation claim through your employer for any workplace injury. This includes injuries sustained on your job site, as well as injuries you sustain in the course of your job duties. For example, your job may require driving, so if you’re hit by a careless driver while you’re driving for work, then you should still be eligible for workers’ comp. But, you also have the right to hold the driver who hit you accountable, so you can file a lawsuit for damages against them, in addition to collecting workers’ comp benefits.
Filing third-party injury lawsuits is a little trickier than just filing a workers’ compensation claim, but if your accident was due to the negligence of a third party, it is your right to do so. An experienced West Palm Beach personal injury lawyer can help you with filing a personal injury suit against the at-fault party and ensure your workers’ compensation claim is handled properly.
The difference between workers’ compensation and personal injury claims
Employers carry workers’ compensation insurance to prevent being sued by injured workers for injuries that occur while working. You do not need to prove that your employer or a co-worker was injured to receive workers’ compensation benefits, which include:
- Coverage of all necessary medical treatment
- Rehabilitative care, like physical therapy, helps you regain your abilities and get back to work
- Partial wage replacement so you can pay your bills while you’re out of work recuperating
- Disability benefits
- Vocational retraining, if you are injured too badly to continue in your line of work
A personal injury lawsuit, on the other hand, is the legal vehicle by which a person who was injured due to another party’s negligence can seek compensation for their material and non-material damages.
Personal injury claims are fault-based; you must prove that the other party (the defendant) was negligent, that their negligence caused the accident and your injuries, and that you suffered financial loss as a result.
Unlike benefits through workers’ comp insurance, the plaintiff in a personal injury claim (you, the injured party) can claim compensation for the full amount of your lost wages, any medical bills workers’ comp doesn’t cover, and property damage. A successful personal injury settlement may also cover long-term care needs, future lost earnings, and other expenses not included in workers’ comp. You may also claim compensation for non-economic damages, including pain and suffering and loss of quality of life, if your injury is disabling and you cannot do activities you once enjoyed.
Your steps for filing workers’ compensation
Per Florida workers’ compensation law, you have up to 30 days after the workplace injury or diagnosis of an occupational disease to notify your employer. However, it’s best to tell your manager as soon as possible, so they can start the paperwork to get you your benefits.
You must see an employer-approved doctor for workers’ compensation; your supervisor can direct you to an Urgent Care center or doctor’s office for immediate treatment. You continue to see your treating physician until you’re cleared to go back to work. And, you must also follow all doctors’ instructions, including attending physical therapy sessions and follow-up appointments, and wearing any prescribed durable medical device (like a sling or brace); otherwise, you may jeopardize your benefits.
If your claim is denied or minimized by the insurance company, talk to a lawyer. They can help ensure that you are treated fairly in the claims process.
Your right to file a third-party lawsuit after a workplace injury
If your workplace injury was due to the negligence of a third party, either a person, like a careless subcontractor, or an entity, such as a safety equipment manufacturer that released a defective product, then you have the right to file a lawsuit for damages.
Talk to an experienced personal injury lawyer, one who understands how to effectively litigate personal injury claims involving workplace injuries. Your lawyer can investigate the cause of the accident, collect evidence and testimony proving that the party was negligent, and then properly value the extent of your damages.
Usually, these cases are settled out of court in negotiations between the two parties, although there is a chance that you’ll go to trial.
One final difference between the two: Workers’ compensation is a free-to-you benefit from your employer. They pay the premiums for this insurance. However, if you want to file a personal injury suit, you will have to pay your attorney. Many personal injury lawyers work on a contingency basis, meaning they only get paid if they win your case, so you won’t have to pay any money up front.
Explore all your options for compensation
Do you need help securing compensation after a third party caused a workplace injury? Our firm has a strong track record of successfully settling workplace personal injury cases, and we’re ready to help you. Call Lytal, Reiter, Smith, Ivey & Fronrath today at (561) 655-1990 or contact us online for a free consultation.