Work injuries are all too common. Not only can they stop you from working and earning an income, but they can also make you incur expensive medical expenses, which you also deserve compensation for.

For most work injuries, the path to recovery is a Workers’ Compensation claim. Lawsuits against third parties are allowed, even if you cannot sue your employer because of Workers’ Compensation protections. Prove you were injured while working with eyewitness statements and surveillance footage, and prove the extent of your injury with medical records and physician statements. Even if you received Workers’ Compensation, you may still be able to bring a third-party work injury lawsuit for damages that Workers’ Compensation does not cover, such as pain and suffering.

Call Graves Injury Law Firm today at (305) 614-2767 to have our work injury lawyers review your case for free.

How Can You Get Compensation for a Work Injury in Coral Gables?

How you ultimately get compensation for a work injury mostly depends on Workers’ Compensation protections for employers and the involvement of negligent third parties.

Workers’ Compensation Claim

Most likely, injuries sustained while working are covered by Workers’ Compensation in Florida. Workers’ Compensation provides medical benefits, lost wage benefits, and, in some cases, impairment income benefits to injured workers. For fatal injuries, Workers’ Compensation offers death benefits for survivors.

Although Workers’ Compensation is a no-fault system, payment is not guaranteed after an on-the-job injury. Do not assume your employer’s insurer will approve your claim, and let us prepare a strong one on your behalf.

Third-Party Lawsuit

In general, workers may not sue their employers for on-the-job injuries. However, if another party is liable, you might be able to file a third-party work injury lawsuit. Third parties in work injury lawsuits are typically equipment or tool manufacturers and designers who make defective and dangerous items.

A third-party work injury lawsuit will not involve your employer or their Workers’ Compensation insurance carrier.

What Evidence Can You Use to Prove a Workplace Injury?

To get damages for a workplace injury, you need evidence that proves you were hurt while working and that you did not purposefully injure yourself. Accidentally injuring yourself at work does not disqualify you from Workers’ Compensation benefits.

Eyewitness Statements

We may use eyewitness statements to show that you were injured during the course of employment. Any co-workers who were present during the accident can also confirm that you did not intentionally hurt yourself. Tell us if any of your co-workers witnessed the accident, and we can interview them right away. Witness statements are useful in Workers’ Compensation claims and third-party workplace injury lawsuits.

Surveillance Footage

Many workplaces have surveillance cameras that can capture on-the-job injuries when they occur. As soon as possible, we can send a preservation letter to your employer demanding that they preserve any relevant footage. Tell our work injury lawyers if you know there are surveillance cameras in your workplace that may contain useful evidence.

Medical Records

Without medical records, you cannot prove that you are injured at all, let alone that you were injured while working. Medical records are only produced when you get medical attention, so make your health a top priority. We can gather medical records detailing your original hospital admission and all subsequent procedures or follow-up care. Never underestimate the importance of medical records when seeking damages for a workplace injury, whether from a Workers’ Compensation claim or a third-party lawsuit.

For Workers’ Compensation claims, most medical records should come from an authorized physician for the corresponding bills to be covered. You can see any physician for emergency medical treatment, but must see one that your employer and their insurer approve of for all subsequent treatment to get any more compensation.

Work Injury FAQs

What Are Some of the Top Work Injuries?

Sprains, strains, soft tissue injuries, knee injuries, fractures, head injuries, and back injuries are some of the most common work injuries across all industries.

Does a Workers’ Comp Policy Cover Your Work Injury?

We can check your employer’s Workers’ Compensation coverage to ensure they had a policy in place when you were injured. Most employers are legally required to maintain Workers’ Compensation, so you are most likely covered by your employer’s policy.

Is Workers’ Comp the Exclusive Remedy for Work Injuries in Coral Gables?

While Workers’ Compensation is how most employees get damages for workplace injuries, it may not be the only recovery option you can pursue, depending on the accident’s unique circumstances.

Can You Ever Sue Your Employer for a Work Injury in Florida?

You may be able to sue your employer for a work injury if they lack Workers’ Compensation coverage in Florida or if they intentionally injured you.

Can You Get Damages from Workers’ Comp and a Lawsuit After a Work Injury?

Workers’ Compensation does not cover all damages from workplace injuries. You may also be able to file a third-party work injury lawsuit to cover the damages that Workers’ Compensation does not, such as pain and suffering.

How Long Can You Get Workers’ Comp Payments After a Work Injury?

Temporary total disability benefits and temporary partial disability benefits are paid for up to 104 weeks. If you are permanently disabled, your benefits will turn into permanent and total disability benefits at the end of those 104 weeks. You can continue receiving these payments in Florida until you are 75.

Why Do You Need a Lawyer’s Help After a Work Injury?

You need our lawyers’ help to know the recovery method that makes the most sense for your situation and injuries, to gather evidence and arrange it into a convincing case, and to confirm your maximum recovery from Workers’ Compensation or a third-party lawsuit.

Call Us to Get Compensation for Work Injuries in Coral Gables

Call (305) 614-2767 for a free case discussion with the Graves Injury Law Firm’s work injury lawyers.