Who Do I Sue After a Workplace Accident in Florida?

Accidents can happen in any type of workplace, and these incidents cause thousands of injuries and fatalities every year in Florida. According to the Florida Division of Workers’ Compensation (FL WCC), almost 64,000 workers file claims every year seeking monetary benefits. The losses are significant if you were injured at work, and they extend beyond the physical pain. You will suffer financial impacts as you incur medical bills for treatment, and you could lose out on wages by not being able to work.

The state workers’ comp system pays benefits, but there can be some confusion about how Florida personal injury laws apply to workplace accidents. You know that injured victims often seek legal remedies through a lawsuit in court. The key is which options are available to you under the circumstances, and your Miami workplace injury lawyer will provide answers. Some background about who you can pursue after an on-the-job accident is also useful.

Options After Work-Related Accidents

Depending on the circumstances surrounding a workplace incident, an injured employee might take the following legal actions:

  • Workers’ Comp Claim: You can file a workers’ comp claim to seek monetary benefits from your employer’s insurance company. In most cases, this will be your only remedy. Fortunately, you do not need to prove the fault of your employer.
  • Noncompliance by Employers: If your employer does not carry workers’ comp insurance as required by law, you could sue in civil court.
  • Civil Case: You can also sue in a civil lawsuit if a third party caused the accident in which you were injured. In such a case, you will need to prove fault. Specifically, you need to show that the responsible party failed to exercise reasonable care.

One of the most common scenarios is when you are driving for a work-related purpose when a negligent driver strikes your vehicle. Another is accidents on construction sites, where a third-party crew caused an accident.

How Damages Work

In any successful claim related to a workplace accident, you will be able to recover compensation for your losses. However, the damages are different depending on which of the above options you pursue. Workers’ compensation is your exclusive remedy in many cases, and you may obtain amounts for:

  • All medical care reasonable and necessary to treat your injuries;
  • Wage replacement for time away from work; and,
  • Disability for total and partial disability, either temporary or permanent.

Though you cannot recover amounts for pain and suffering in a workers’ compensation claim, you can obtain these damages in a civil lawsuit.

Rely on a Miami Workplace Injury Attorney for Assistance 

The difference in damages is significant when comparing workers’ comp to civil remedies, so you will need legal help to ensure you are on the right track. Our team at Gerson & Schwartz, PA, is prepared to take advantage of all opportunities, so please contact our offices in Miami, Fort Lauderdale, or West Palm Beach. You can call (305) 371-6000 or go online to schedule a free consultation.

Florida Justice Association
The National Center for Victims of Crime
outh Florida Legal Guide
Contact Information