There are different rules in place to protect people from injuries and the costs that they incur in different circumstances. Those hurt in the car crash can file a car insurance claim and sometimes a civil lawsuit. Those injured on someone else’s property may be able to use homeowner’s insurance or business insurance to pay for their injuries and lost wages.
In situations when someone gets hurt on the job, workers’ compensation is what is likely to serve as their primary source of financial protection. Florida workers’ compensation offers both full medical coverage and disability benefits that can help cover someone’s lost income until they are able to work again. Sometimes, workers can pursue a lawsuit in addition to a workers’ compensation claim.
A third party might be liable
One of the most common scenarios in which someone qualifies for workers’ compensation benefits and a personal injury lawsuit is when a third party is responsible for their injuries. Examples include if there was a violent incident at work where a criminal attempted a robbery and injured someone. The criminal could have civil liability for the cost generated by their actions in addition to whatever criminal penalties the courts impose.
Additionally, a business that turned out a defective product could also result in an injured employee pursuing a lawsuit in addition to a workers’ compensation claim. Anytime a third party other than a worker’s employer is partially responsible for a work injury, a lawsuit may be possible.
Can workers sue their employers?
The no-fault nature of workers’ compensation coverage in Florida generally eliminates the option of suing an employer for a work injury. The one exception to that rule is a scenario in which a worker has reason to believe that the company intentionally injured them.
Barring that single, very rare scenario, workers generally cannot sue their employers for injuries suffered on the job. A careful exploration of the situation might uncover a possible third party with some degree of responsibility, especially if there were other people or equipment malfunctions involved in an injurious incident. Understanding the rules that exist for the protection of Florida workers may help employees better assert their rights after an injury on the job.
Workplace injuries can raise complex legal questions, especially when a third party may be responsible for the harm you suffered. The attorneys at Smith, Feddeler & Smith, P.A. can evaluate your situation and determine whether you may be entitled to workers’ compensation benefits, a personal injury claim, or both. Contact us today at (863) 355 5648 for a free consultation to discuss your case and protect your rights after a work injury.
