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:
- Immediately inform your supervisor or manager
- Take pictures of the injury and accident scene
- Seek immediate medical attention and let them know it’s a work-related injury
- Contact a workman’s comp lawyer
- Present a written notice to your employer
- Keep a journal of your injury, recovery, medical treatments, etc.
- 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.