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Yes, there are a few limited situations in which you can sue your employer for damages resulting from workplace injuries. For the most part, people who suffer a work-related injury or illness are eligible to receive workers’ compensation benefits through their employer. However, if their employer does not carry workers’ compensation insurance but is legally required to do so, then the injured employee can file a personal injury lawsuit against the employer.
Or, if the job injury involved the negligence of a third party, then the injured worker can file a third-party suit against that party. Our Boca Raton personal injury attorney can help you understand your rights after a workplace injury.
Florida workers’ compensation laws and your right to sue
The Florida workers’ compensation system requires all employers with more than four employees to provide workers’ compensation coverage (except for construction companies, which must provide it if there is more than one employee). Employees have access to this coverage, even on their first day of work.
Benefits provided in workers’ compensation claims include:
- All necessary medical treatment, including surgery and follow-up rehabilitative care
- Indemnity benefits, or a wage replacement stipend for the time missed at work. Injured workers may receive 2/3 of their average weekly rate, up to $1,295 (2025)
- Vocational rehabilitation, which provides retraining if the injured employee is disabled to the point where they cannot return to their original job
If the workplace injury proves fatal, the surviving family may receive up to $150,000 in compensation, which includes funeral expenses and education benefits for the deceased worker’s surviving spouse.
When can I sue my employer for a work-related injury?
Suppose your employer does not have workers’ compensation coverage, but is legally required to. In that case, you can file a lawsuit for damages for all your medical bills, the full amount of your lost wages, and any other out-of-pocket expenses you incurred due to the accident.
The purpose of workers’ compensation insurance is to prevent employers from being sued by injured employees; instead of filing a suit, you file a workers’ comp claim for benefits.
Another occasion in which you can file a lawsuit after a workplace injury is if your workplace accident was due to the negligence of a third party.
For example, if a subcontractor or vendor fails to take proper safety precautions at a construction site, and causes a construction worker to get injured, the injured worker can file a lawsuit against the at-fault third party, seeking compensation for medical care, the full amount of their lost wages (instead of just the 2/3 you’d get through workers’ comp), plus non-material losses, like pain and suffering and emotional trauma. Florida workers’ compensation does not cover non-economic damages like pain and suffering or emotional distress.
You can receive workers’ compensation benefits, as well as compensation in a third-party lawsuit. Working with an attorney experienced in litigating workplace injury suits can help ensure that you receive the right benefits and fair compensation.
Legal advice can expedite your workplace injury liability claim
If you’ve been hurt at work, you have the option to file a workers’ compensation claim; if you encounter difficulties getting your claim approved, the experienced personal injury lawyers at Lytal, Reiter, Smith, Ivey & Fronrath can help you file an appeal to get the benefits you’re entitled to.
If you are eligible to file a third-party lawsuit, our lawyers can help you explore that option, as well, and represent you in the litigation process. Call our offices at (561) 655-1990 for a free consultation.