You may be able to file a workplace injury lawsuit, but workers’ compensation laws may make it difficult.
In short, it depends. First, it is important to note whether or not you have workers’ compensation.
In Florida, most businesses are required to offer workers’ compensation coverage, which is a no-fault insurance program that means in the event an employee is injured, or in some cases, the injury results in death, the workers’ compensation covers the employee’s lost wages and medical bills up to a certain amount.
Essentially, with workers’ comp, an employee gives up their right to sue for guaranteed benefits in the case of workplace injuries–regardless of fault. Personal injury cases allow someone to sue a negligent party for medical bills, lost wages, pain and suffering, and emotional distress. In contrast, workers’ compensation provides employees with payouts based on a specific system. This system includes limits, such as caps on the percentage of your wages that you can recover.
To receive workers’ comp, an employee does not need to prove negligence as in other cases, but instead can receive benefits soon after the injury or illness. Workers’ comp can also help cover permanent disability that keeps an employee from returning to work. In the tragic event of death, funeral costs may also be included.
However, non-economic damages, such as pain and suffering and emotional distress are never included in benefits recovered through the workers’ comp system.
Finally, employers who provide workers’ comp may have immunity when it comes to workplace injury lawsuits. Sometimes, however, there are exceptions to this rule, and under certain circumstances, you may be able to file a workplace injury lawsuit.
How Long Do I Have To Sue for Workplace Related Injuries?
Workers’ comp has a specific timeline in which you must file a claim. In Florida, you typically have 30 days from the date of the injury to report your injury to your employer. You then have up to two years from the date of the injury or the date when the injury was discovered to file a workers’ compensation claim with the Florida Division of Workers’ Compensation. Failing to report your injury to your employer and file your claim may prevent you from obtaining workers’ comp benefits.
Situations Where You Can File a Workplace Injury Lawsuit
Even though workers’ compensation is the main avenue that people follow after an injury, you may be able to file a lawsuit depending on the circumstances.
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Your Employer Does Not Carry Workers’ Comp
Some employers do not carry workers’ compensation insurance, which is required by law. In this case, you could sue your employer directly and pursue compensation for economic and non-economic damages.
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Employer’s Intentional Misconduct
While rare, if an employer engages in intentional misconduct and causes your injury then you will be able to sue them. Situations that may lead to this would be if the employer intentionally exposed an employee to dangerous conditions and the employer knew that a serious injury or even death could occur. This is not the same as negligence, in which an employer is careless.
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Your Employer Engaged in Gross Negligence
Sometimes, an employer engages in gross negligence, in which workplace safety is severely compromised, such as not up to OSHA standards. Gross negligence goes one step beyond negligent in that the degree of recklessness was extreme and led to your injury.
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Third-Party Liability and Workplace Injuries
Sometimes your employer may not be responsible for your injury but a third party was negligent. In this case, you may be able to sue the third party for damages. You may file a legal claim after a workplace injury caused by defective products or unsafe conditions beyond your employer’s control. Examples include visiting a client’s property (premises liability). Other examples are injuries from negligent subcontractors or workers from another company.
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Toxic Exposure or Occupational Illness
Toxic exposures and chemicals in the workplace can lead to significant harm over time. If your employee knowingly concealed the dangers and hazards of the workplace chemicals, substances, and toxins, which then caused you injury, you may be able to sue the employer. These claims may also be resolved through workers’ comp.
Ultimately, the difference between a workers’ comp claim and a workplace injury lawsuit comes down to the compensation you may receive.
The compensation from a workplace injury lawsuit is typically going to be higher because you can sue for non-economic damages. Non-economic damages such as pain and suffering and have 100 percent of your lost wages recovered rather than a percentage. Some cases may lead to punitive damages as well when gross negligence is involved.
Steps to Take if You Need To File a Workplace Injury Lawsuit
Whether or not you go through the workers’ comp system or hire an attorney to handle your case… It is critical to report your injury to your employer.
Next, it is important to document the incident as much as possible. With pictures, videos, witness statements, notes, and medical records.
Correspondence between you, your employer, and your insurance provider is also crucial since it could be used as evidence for your legal claim. An experienced personal injury attorney can tell you if your claim falls outside the workers’ comp system. It is important to be aware of the deadlines in the worker’s comp system. Employees must also understand the limits in personal injury legal cases.
Why Choose Clayton Trial Lawyers for Your Workplace Injury Case?
Clayton Trial Lawyers, LP (“CTL”) is committed to representing your best interests when you are hurt and most vulnerable. We will work around the clock to provide you with compassionate legal counsel to make sure that you recover the maximum compensation available after an injury.
Need help filing a workplace injury lawsuit? Contact us today for a free consultation and personalized legal guidance.