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

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. 

Dangers of a Construction Site May Lead to Legal Action

One of the most dangerous jobs on the planet is that of the construction worker. They risk their lives making the very building we walk in. On these dangerous worksites, accidents happen. Quite often. Minor injuries, serious injuries, life-threatening injuries, and even fatal injuries happen on these job sites every single day. Many of these workers are given money for time lost and injuries in the form of worker’s compensation. However, if there is a case of negligence involved in the accident, then there is much more to be gained from a lawsuit for a construction accident.

Whether you’ve been involved in an accident as a construction worker or a civilian caught in an accident, then talk to the Schrier Law Group to get the compensation you need for your construction accident.

Legal Actions Construction Workers May Choose to Take

All of these construction workers that get injured are given the option of worker’s compensation. This is where the employer and the victim of the accident come to a term of agreement. These settlements will usually pay out the minimum you can receive from a construction accident.

The other option for construction workers is the personal injury lawsuit. That is where you contact a personal injury attorney law firm like the Schrier Law Group to help you get the compensation you deserve. These litigations will usually go to the companies involved in the accident. For example; the company that owns the faulty equipment that was involved in your accident.

Civilian Accidents at Construction Sites

These may be some of the most dangerous of accidents. Civilians who are neither equipped nor prepared for construction materials. Some of these incidents involve things falling onto passing pedestrians. Accidents such as these may be easily fatal. You are able to hire a personal injury attorney to help you get the money from the contractor of the construction company. They would be held liable for the injuries that you received.

If you’ve been involved in a construction accident and require legal representation, then call the Schrier Law Group today!