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Can You Sue Your Current Employer for an On the Job Accident?

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Workers in Florida after an on the job accident calling the ambulance

According to the Florida Division of Workers’ Compensation,  there were more than 64,000 workers’ compensation claims in Florida in 2021. Of the cases that received a settlement, the average payout was roughly $15,000. 

With that said, you typically can’t sue your employer for workers’ compensation benefits unless there are extenuating circumstances. You can potentially recover compensation for injuries if you have an injury at work via:

  • Workers’ compensation claim 
  • Suing a third 
  • Suing your employer (in rare cases)

Individuals who have suffered injuries on the job should consult a proven workman’s comp lawyer as soon as possible. The attorneys at Schrier Law Group can help you assess the merits of your claim and, if necessary, pursue the workers’ compensation benefits you deserve. 

Continue reading to learn more about suing your employer for on-the-job injuries. 

Florida Workers’ Compensation Laws 

Generally, Florida workers’ compensation laws stipulate that an employee can’t sue their employer for work-related accidents unless they deliberately injure the employee. In that case, you may be able to file a lawsuit for an intentional tory in Florida civil court. 

Florida work comp is the only option most injured employees have for recovering damages for workplace injuries. That means that employees rarely (if ever) can sue an employer for non-deliberate injuries that happen while working. 

Suppose you were injured by a third-party while on the job. In that case, you may be able to file a personal injury claim to recover damages. Learn more about suing the third party in the next section. 

Suing a Third Party For Workplace Injuries

If a third party injures you while on the job, you may have a viable personal injury claim against them. However, it’s important to note that your claim would be outside the workers’ compensation system. A few of the most common types of third party injuries include: 

  • Accidents caused by dangerous equipment: Many labor-intensive jobs (i.e., construction, roofing, machinery, etc.) involve hazardous machines. Sometimes those machines cause damage to employees while they’re working. If you’ve been injured by a dangerous device while working, you may be eligible to file a third-party personal injury suit against the manufacturer. 
  • Premises Liability Accidents: Suppose you had an injury at work due to unsafe conditions. In that case, you may be eligible to file a premises liability claim against the property owner. 
  • Car Accident Claims: If you are injured while driving for your job by a negligent driver, you may be eligible to file a workers’ compensation claim and pursue a personal injury claim against the at-fault driver’s insurer. Further, if the other driver doesn’t have insurance or is underinsured, you can file a claim with your own underinsured motorist policy.

It’s essential to note that third-party personal injury claims can be complex and frustrating. In most cases, you should consult a proven workman’s comp lawyer before pursuing a claim. 

Your workman’s comp attorney can investigate your claim, collect evidence, conduct interviews, and ultimately, pursue maximum damages. Contact Schrier Law Group today to discuss your claim. 

What to do if You Experience an Injury on The Job

There are a few steps you should take if you get an injury at work. They include but are not limited to: 

  1. Immediately inform your supervisor or manager
  2. Take pictures of the injury and accident scene 
  3. Seek immediate medical attention and let them know it’s a work-related injury
  4. Contact a workman’s comp lawyer 
  5. Present a written notice to your employer
  6. Keep a journal of your injury, recovery, medical treatments, etc.
  7. Follow all doctor orders

Further, whether you’re pursuing a workers’ comp claim or a third-party claim, it’s essential to keep the details of your case confidential. Additionally, it’s typically a good idea to avoid social media, posting pictures, and engaging in any activity that could contradict your story. 

Remember, the insurance company is always watching. Anything you say, do, or post can limit your ability to recover compensation for your injuries. 

Contact a Florida Workman’s Comp Lawyer Today

The administrative court system handles Florida workman’s comp claims. That means that you must go through the process of filing a petition for workers’ comp benefits and mediation by a neutral party. 

Hiring a proven workers’ comp lawyer can increase your chances of settling before trial. However, if a settlement agreement isn’t possible, your attorney can take your case to court and fight for the compensation you deserve. 

Contact The Schrier Law Group today for your free initial consultation with a proven workman’s comp lawyer in Florida. 

Read Our Reviews

Schrier Law Group is rated 5 out of 5.0 stars based on 22 review(s).

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My name is David and I’ve been represented by mr. Schrier law firm twice in my life and I got nothing more then good things to say about them they are very professional and they really Take their clients I really recommend them every time I called them they were always there for me especially the attorney he’s very professional and he got me the money did I deserve by representing me and fighting for me I will use their services again them no questions asked if I ever need them to me they are the best God bless them all

David Cuello

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The firm is super professional and handled my husbands vas amazingly. I should refer them to some in need of an attitude.

Isabel Sabrina De Ramirez

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The Schrier Law Group are hands down the best and should be your go to for all your legal troubles. They are such professionals; efficient, persistent and don’t take no for an answer. Thank you so much Chatriece, Geissie, Paul & everyone at Schrier Law Group for your patience and making my win possible!

Marika Ford

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Shrier Law Group extremely thorough. A really caring Law Firm. My previous lawyer sat on my case for 2 years did nothing with it by chance came across Mr Paul schreier firm and explaining my case he noticed I was not hopeful but he was able to encoirage me and was able to resolve my case within a year I'm so grateful for Mr Paul Schrier and Mrs Chatrice. They go above and beyond. 20⭐

West Jean

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I must say that Mr. Schrier was there when we needed immediate advice after my wife got rear-ended by an unlicensed speeding lunatic. We called a handful of attorneys in our area, but after waiting 2- 5 days they would drop her case. We found Mr Schrier online and he explained the pros/cons and he took the case. We waited patiently, and in time he was able to tracked down the actual owners of the car and get their auto insurance info!

Gerard Avalos

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The firm pays close attention to locating every possible insurer liable for my injuries. They return my calls in 24-48 hours. Friendly staff who care.

Mr K

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Attention to detail with the different insurance coverages. Returned my phone calls, which is very important.

David Kuczenski

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Was a wonderful experience getting through a tough process!

Edward Pawley

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Both my wife and I feel grateful for the treatment and the professionalism of the staff. Maritza is great doing her job. It is the second time that I request your services and we are pleased and grateful. Many blessings to this Law Firm

Reynier Perez

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Awesome wonderful patient Intelligent thoughtful Paul is the best

Theresa Caprice Caprioli

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Thank you so much for going above and beyond what I had ever anticipated. It was truly a pleasure to work with you all, especially Chatrice. I will most definitely refer The Schrier Law Group to my family and friends.

Cat Breen

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The Schrier LG is an excellent firm! They accepted my case, provided me with all the procedural information, maintained a high level of professionalism while showing kindness and care. The doctor's office that they suggested is another group of kind and considerate individuals, dedicated to my full recovery. I would recommend the Schrier Group to friends, just as they were recommended to me. I am happy with my settlement and very pleased with the attention and diligence of the group as a whole. Thank you again!

Michaela Davis

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Mr. Paul Schrier is by far the best attorney for the job! He is very responsive, knowledgeable, and very efficient. Despite my very busy schedule, he kept me informed throughout the process. I am very please with the outcome of my case. The customer service I received from the entire team has been amazing! Thank you all so much!

Ms. Jean

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Not only did I get a phenomenal attorney to represent me in my case, but I also got a step by step education on how the legal process actually worked. I was encouraged to ask questions and be an informed client. I was never treated like a case. I truly felt like the advice and recommendations he gave to me would have been the same he would have pursued if he were the client. That was important to me. I needed to work with an attorney I could trust with my best interest in mind...and that is what I got with Paul Schrier.

Juan Rodriquez

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I was involved in an auto accident in January 2016. We decided to contact Paul K. Schrier, PLLC for legal advice. He never got annoyed with me calling to ask questions, which was quite often. We have finally reached the final stages of this case, which they handled very well, and have come to a settlement. I highly recommend the Florida personal injury attorneys at The Law Offices of Paul K. Schrier, PLLC, especially Paul K. Schrier to any one who needs a personal injury attorney. Thank you very much Paul for everything you have done do me.

Martin Tyler

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I called to ask some question about a car accident I was in. I spoke to Paul who was very helpful, honest and professional. It seems that he really care about clients. I appreciate all that Paul did and would certainly recommend to anyone who needs an attorney.

Mark Anderson

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Best attorney around , I went through a lot of different ones before finding his law firm very professional and they make sure you get paid what you deserve, highly recommend.

Braulio Duran

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Thank Paul for everything your personal injury law firm has done for my case as well as my daughter. Thanks for all the hard work and attention. Thanks again!

Maria Jaz

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Rowdy Martinez

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Best attorney in South Florida

Fefe Alex

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Schrier Law Group is the best.

Chatrice Telfort

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Great job! I loved working with Paul.

Paige