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Generally, in Florida, employers are expected to carry workers’ compensation insurance to help you through recuperation, and when you take the job, it is understood that you will rely on this insurance and waive your right to file a lawsuit against them for injuries, with the benefit of receiving compensation more quickly because blame does not have to be established.
However, some circumstances warrant filing a personal injury lawsuit against an employer or a third party, such as a fellow employee, if they harm you. Additional compensation is available in these circumstances that can greatly benefit you and your family. For compassionate and experienced representation when you are injured by the actions of another at work, contact a Pinellas Park workplace injury lawyer from Herman & Wells to schedule a free consultation.
Although Florida employers are protected from many negligence-injury claims by their employees if they carry workers’ compensation insurance, there are exceptions to that protection, allowing you to file a civil lawsuit for damages if these conditions apply:
One of the advantages of filing a negligence claim is the expanded compensation that can include damages for your pain and suffering, and loss of enjoyment of life. If you are intentionally harmed by an employer or your employer attempts to undermine your workers’ compensation claim, a Pinellas County workplace injury attorney will review your case for free and strategize your best way forward.
Third parties you work with or who have no connection to your employer but cause you harm while you are working are not immune from lawsuits if you cannot sue your employer, who is covered by workers’ compensation. If you are a company driver and are making a delivery for your boss, and a drunk driver crashes into you, causing injuries, that third party can be held liable, too.
These lawsuits are predicated on negligence, which your attorney proves by showing the at-fault party had a duty to act like a reasonable person in the same situation would act, but did not, foreseeably causing an accident in which you are injured. Workplace injuries in Pinellas Park are actionable in two ways, and to ensure you receive the maximum compensation for your actual and subjective losses, contact Herman & Wells to enlist the help of a lawyer to resolve your injury case.
If we determine that you are eligible to sue your employer or if a third party is responsible for your workplace injuries, Florida restricts how long you have to file a negligence lawsuit.
The state reformed tort law in 2023, including reducing the time limit to file personal injury claims from four to two years. This reduction makes it imperative for you to contact our skilled and caring lawyers as soon as possible after you are injured because evidence must be gathered, police and medical reports must be reviewed, and witnesses must be interviewed. A Pinellas Park work injury attorney is your trusted advocate, accessible and committed to keeping you informed as you recover.
While you generally have to accept a workers’ compensation determination in Florida if you are injured on the job, sometimes the more lucrative negligence lawsuit gets you more compensation for your losses if there is a loophole in your coverage. Your free consultation will determine whether that option is available to you, based on your circumstances. Call a Pinellas Park workplace injury lawyer at Herman & Wells today to discuss your legal rights and options.
