Miami Personal Injury Lawyer Blog
Work-related accidents can happen in any industry, and the impacts are significant for a victim’s professional and personal life. Fortunately, both the Florida Division of Workers’ Compensation system and state personal injury laws provide you with options if you were hurt. The issue is knowing whether you should file a workers’ comp claim, a lawsuit, or both.
A Miami workers’ compensation attorney can provide the guidance you need when your recovery and income are at stake. Some answers to frequently asked questions are also useful.
What’s the Difference Between Workers’ Comp and Personal Injury?
Workers’ compensation is no-fault insurance, so injured workers can receive benefits no matter who caused the accident. The system pays for some losses, but you generally cannot sue your employer. A personal injury lawsuit works differently. You must prove someone else’s negligence caused your harm. However, you can seek broader damages, including pain and suffering.
What Does Workers’ Compensation Cover for Injured Workers in Miami?
Florida workers’ comp covers the costs of a job-related injury or illness. Injured workers in Miami can receive medical treatment from an authorized doctor, including:
- Surgery
- Prescriptions
- Physical therapy
You may also receive wage replacement, based upon your average weekly wage, if you miss work while you recover. Permanent impairment benefits can apply if your injury leaves lasting limitations. If a worker dies from a workplace accident, eligible family members may receive death benefits and funeral costs.
When Can You File a Personal Injury Lawsuit After a Work Injury in Florida?
State law usually bars lawsuits against your employer for a work injury, but exceptions exist. You may file a personal injury lawsuit against a third party whose negligence caused your harm, such as a:
- Careless driver
- Negligent property owner
- Manufacturer of defective equipment
You can also sue if the company failed to carry required workers’ compensation insurance. In rare cases involving intentional harm, a lawsuit against the employer may be possible. Note that you can often pursue both a workers’ comp claim and a third-party lawsuit at the same time.
Do You Qualify for Workers’ Compensation in Miami?
Only employees are typically covered by workers’ compensation, so your job classification matters. Employees work under an employer’s control, with set hours, tools, and instructions. Independent contractors run their own business and control how they do the work. Some Miami companies will label workers as contractors even when they act like employees, attempting to cut costs through misclassification. This strategy is illegal and can leave you without benefits. A legal review can clarify your status.
Contact a Miami Workers’ Compensation Lawyer to Learn Your Options
These answers to common questions about work-related injuries are helpful, but personalized advice from an experienced attorney is crucial for a real-life case. At Gerson & Schwartz, PA, our team can review your situation and explain whether workers’ compensation, a personal injury lawsuit, or both apply to your case. Please call (305) 371-6000 today to set up a free consultation at our offices in Miami, Fort Lauderdale, or West Palm Beach, FL.
