Each year, thousands of Floridians get injured on the job. Perhaps more disturbingly, many of them don’t know that they have the right to financial compensation and medical care following their injury. Florida’s Workers’ Compensation Law provides employees with limited workers’ compensation damages regardless of fault. That said, the rule also shields at-fault employers from personal injury lawsuits. However, if you sustained an injury on the job, you still may have the right to file a personal injury lawsuit. In this guide, our staff at Aigen Law Firm provides an overview of Florida workers’ compensation and personal injury laws. To learn more about our services or to schedule a free consultation.
Understanding the Exclusive Remedy Rule
Like many other states, Florida has an “exclusive remedy” rule that provides employees with workers’ compensation following an injury on the job. Employees can benefit from the rule. Unfortunately, it also prevents them from suing their employer for negligence, even if unsafe working conditions caused the injury.
Depending on the circumstances, your local, state, or federal government may fine your employer. Otherwise, you may only recover the awards included in your workers’ compensation, such as medical expense coverage and predetermined damages.
Injured Caused by Third Parties
Despite the exclusive nature of Florida’s workman’s compensation laws, you may have the ability to file a lawsuit if a third party’s actions or negligence resulted in your injury. Typically, third parties do not include your employer, coworkers, or a contractor who has hired you. Even so, each case varies, and you should always consult with your attorney to determine if your case warrants a third-party lawsuit.
Lastly, if you can prove that your employer intentionally injured you or did not make you aware of a potentially lethal and concealed danger, you may be eligible for an intentional tort exception.
How to File for Workers’ Compensation Benefits in Florida
If you suffered an injury on the job in Miami, you should act quickly to file your claim. To do so, follow three simple steps, which include:
- Report your injury as soon as possible. Following an injury at work, you have 30 days to report your injury to your employer. Otherwise, you may risk a denied claim.
- See your doctor. After reporting your injury, your employer will direct you to approved healthcare providers who can begin your treatment. Ensure that your doctor knows that your injury occurred on the job, too. They will then send your medical bills to your company’s insurance provider.
- Review information from the workers’ compensation insurer. After you report your injury, your employer must contact the workers’ compensation insurance company within seven days. Then, the insurance company must send you information regarding your rights within three days.
If your employer refuses your claim, you can contact the Florida Employee Assistance Office. Additionally, we highly recommend working with a knowledgeable Miami workers’ compensation and personal injury attorney.
Representation You Can Count On
If you have recently sustained an injury on the job and can’t claim the damages you need to move forward, give our team at Aigen Law Firm a call today. We will work with you from start to finish to uphold your rights and pursue a just outcome following the stress and fear of an occupational accident. For more information on our services or to schedule a free consultation, please contact us today.