Work injuries can be severe, requiring surgery, therapy, and extensive rehabilitation. The results can be disabling and prevent re-entry into the workforce.
Most workers are covered by Florida workers compensation. Workers comp generally covers medical bills and a portion of the workers average weekly wage (AWW). Workers comp does not cover pain and suffering or loss of enjoyment of life, regardless of of the severity of the injury or even in the event of death.
Instead, benefits are paid out according to the worker’s AWW, or if there is a specific loss such as hearing loss, blindness, amputation, or death, then the worker or surviving family receives a specific compensation amount set forth in the Florida guidelines.
Workers Comp Prevents Injured Workers from Suing Their Employees or Co-Workers
Serious workplace injuries can happen anywhere, including office buildings, construction sites, or just driving for the company or employer. While nobody wants to get hurt at work, work injuries do happen. Such injuries can cause temporary or permanent disability. When the injuries are so severe, financial strain sets in because the average weekly wage portion simply does not cover the bills, and returning to work may not be an option.
Workers covered by Florida workers compensation are not allowed to pursue a personal injury lawsuit against their employers or co-workers after a work injury. This rule generally applies unless the conduct was intentional, and this exception is very difficult to prove.
If the on-the-job injury was caused by an outside force, such as a third party, then the worker may pursue a personal injury lawsuit against the negligent third party. Third parties are simply persons or businesses which do not qualify as employers or co-workers of the injured employee.
Pursuing a an Injury Claim Against Negligent Third Parties Who Cause Your Work Injury
Many times, employees are injured outside of their workplace. These injuries can occur while driving as part of the job, or working with other individuals who are not employed by their company. This is common practice nowadays where many needs are outsourced to other businesses or contractors.
The following are some third parties who may be liable for a workplace injury:
- Negligent driver in auto accident with employee who is driving on the job
- Property owners who allow unsafe conditions to exist on a job site
- General contractors, subcontractors, and project managers
- Third-party vehicle and heavy equipment operators
- Manufacturers or distributors of toxic chemicals
- Manufacturers or distributors of unsafe tools and machinery
- Manufacturers or distributors of unsafe construction equipment
If your work injury was caused by the negligent or careless actions of a third party, then you may be able to file a personal injury claim against that negligent person or business to pain and suffering and loss of enjoyment of life in addition to receiving your workers comp benefits.
Experienced Injury Lawyer Represents Injured Workers and Employees
Fort Myers injury lawyer David Harris at Harris Law is committed to helping those who have suffered a work injury due to the negligence of a third party. A trial attorney since 1995, David helps accident victims obtain compensation for their injuries. Rest assured that David handles every case personally, answers your questions, returns calls promptly, and keeps you informed every step of the way. Call to schedule a free case evaluation.