“I was injured at work…
…can I sue my employer?”
If you have a full-time job, it’s likely that you spend most of your waking hours at work every week. Therefore, it’s natural that you want to feel safe there—whether you’re in an office or a warehouse.
Yet despite all of the training and safety equipment that’s available (and even though you tried to be careful), you got injured. Isn’t there anything you can do to make sure it doesn’t happen again?
Yes, your employer has a responsibility to keep its workers safe, but there’s a lot you need to understand first if you’re asking, “Can I sue my employer?”
Understanding Florida’s workers compensation laws is the first step toward knowing what rights and options you actually have after a workplace injury.
Injured at Work In Florida?
Can You Sue After Workers’ Comp?
The short answer is: no.
The workers’ comp program was set up as an alternative to injury lawsuits between employer and employee.
Rather than being forced to pursue compensation through the legal system, injured employees can now receive lost wage reimbursement, medical care, and other benefits through the workers’ compensation program.
As a no-fault system, workers’ comp is designed to work regardless of who was at-fault for the accident, whether that’s you or your employer.
Furthermore, workers’ compensation insurance is supposed to be self-executing. This means that you should not require the services of an attorney just to collect your benefits. (Naturally, there are situations where a lawyer becomes necessary, but the system can work without one.)
However, there are occasions when you can (and should) sue your employer following a work injury.
How to Sue for Injury at Work
While workers’ compensation usually replaces the need for lawsuits, there are a few specific situations where suing your employer (or another party) is possible. If any of the following apply to your situation, you may be able to file a lawsuit in addition to, or instead of, your workers’ compensation claim.
1. Prove the Employer Caused the Injury on Purpose
If your employer intentionally caused your injury, you have the right to sue for physical damages as well as compensation for pain and suffering. However, proving intent is difficult and requires solid evidence that will hold up in court.
2. Show That the Injury Was Virtually Certain to Happen
You may also be able to sue if your workplace was so unsafe that injury was almost inevitable. For example, if key safety equipment was missing or malfunctioning and your employer failed to act, that could qualify as “virtual certainty.”
3. Confirm Your Employer Lacks Workers’ Compensation Insurance
Workers’ comp protections only apply when your employer actually has coverage. If they don’t, they’ve essentially waived their protection against being sued over work-related injuries, and you can pursue a personal injury lawsuit.
4. File a Third-Party Lawsuit if Someone Else Was at Fault
Even if your employer followed all the rules, a third party (like a manufacturer or contractor) may share responsibility. For example, if defective machinery caused your accident, you can file a lawsuit against the manufacturer.
What Are My Legal Rights?
Even if a lawsuit is not an option, you do have legal recourse open to you.
Under workers’ compensation, you are entitled to certain benefits. Yet all too often, the insurance companies are looking out for their own financial interests rather than your recovery.
You always have the right to hire a workers’ compensation attorney, even if you may not need one.
There is no way of knowing how your workers’ comp claim will proceed. Even if your claim is not denied, you might be offered a laughably small sum at settlement or you might not receive a response at all.
An attorney can provide the guidance, education, and representation you need so you can focus on recovery and reach a successful outcome to your case.
Frequently Asked Questions
1. Can I sue my employer if they don’t have workers compensation coverage?
Yes. If your employer isn’t properly insured, they lose the protections normally offered by workers’ compensation. You may be able to file a lawsuit to recover damages for your injury.
2. What workers compensation benefits am I entitled to?
Eligible benefits often include medical care, lost wages, and rehabilitation services. Specific benefits depend on your state’s workers compensation laws and the details of your case.
3. How long do injured workers have to file a claim in Florida?
Under Florida’s workers compensation laws, employees typically have 30 days to report an injury to their employer and up to two years to file a claim. It’s best to report and file as soon as possible.
4. Can I sue a third party even if I received workers compensation benefits?
Yes. If someone other than your employer contributed to your injury, such as a manufacturer of faulty equipment, you may be able to file a third-party lawsuit while still receiving benefits.
Protect Your Legal Rights!
Workers’ compensation was designed as an alternative to long courtroom battles between employer and employee.
Rather than having to file a lawsuit to receive medical care and wages reimbursement, injured employees can simply receive these benefits through their employer’s workers’ compensation insurance.
In short, injured employees cannot sue their employers except in cases of intentional injury or extreme negligence.
While designed to work without legal interference, workers’ compensation cases can get derailed in multiple ways–many of which require the assistance of an attorney.
If you’re suffering from a workplace injury in the state of Florida, The Law Office of Brian D. Tadros, P.A. can help your case get back on track.
As a family owned and operated law firm, our office is available to you in whatever way you may need it. Furthermore, we don’t get paid unless we win your case.
Call today to set up a free consultation.
