If you were hurt at work, your ability to sue may be limited.  Working with a lawyer is important to see that you get the compensation you need for medical expenses, lost wages, and more.

If you were hurt at work, Workers’ Compensation may be able to cover your medical care and a portion of your lost wages.  This kicks in even if you caused your own accident.  However, lawsuits might also be available against third parties to cover the rest of your damages, such as pain and suffering.

For help, call the work injury attorneys at Graves Injury Law Firm today at (305) 614-2767.

Requirements for Workers’ Compensation Coverage in Doral

Workers’ Compensation is a no-fault system that covers many injured workers, but you must be eligible to get coverage.

Employee

Only employees are covered, not independent contractors.  Some “gig workers,” like food delivery or rideshare drivers, might have trouble claiming they have an “employer-employee” relationship.  They simply might not be covered.

If your employer controls the time, place, and manner of your work, then you are more likely to be considered an employee.  All construction workers should also qualify as “employees.”

Work-Related Injury

The injury has to be “work-related” to be eligible for Workers’ Comp coverage.  This means that it happened within the course and scope of your work duties.

If the injury was caused in part by conditions outside of work, it still qualifies for coverage as long as your work conditions are more than 50% of the cause.

Disabling Injury

You can get medical-only benefits for any work-related injury, but wage-loss benefits require a disabling injury.  Only injuries that keep you from working for at least 7 days qualify.

Requirements for a Work Injury Lawsuit

Your right to sue is limited if you are an employee injured in the course of your work, but you can still file a lawsuit if these conditions are met:

Eligible Defendant

You cannot sue your employer or coworkers for a work-related injury, except under limited circumstances.  Instead, most work injury claims are filed against third parties.

This can include

  • Drivers
  • Customers and clients
  • Suppliers and vendors
  • Safety gear manufacturers
  • Equipment and tool manufacturers
  • And more.

Elements of Negligence

Injury claims are usually based on a claim that the person hurt you through negligence, rather than intentional acts.  This requires proving four elements:

  1. The defendant owed you a legal duty
  2. They breached that duty.
  3. The breach caused your accident.
  4. You suffered damages.

Fault Required

Workers’ Comp claims do not require fault, but a lawsuit does.  This means you cannot get compensation in a lawsuit unless you prove, “by a preponderance of the evidence” (essentially 51% proof), that the defendant was responsible for your injuries.

Damages Available for Injured Workers in Doral

Workers’ Compensation claims pay some damages without you needing to prove fault, but they do not cover all damages.  Instead, a lawsuit may be needed to get non-economic damages and other costs paid for.

Workers’ Compensation

Workers’ Compensation pays for three primary areas of damages:

  • Medical bills to cover treatment for your injuries, including things like physical rehabilitation and pain medication
  • Lost wages covering 2/3 of your pre-injury average weekly wage (AWW), up to the statewide AWW, until you reach maximum medical improvement (MMI) or 104 weeks on benefits, whichever comes sooner
  • Additional impairment benefits to cover your ongoing injuries after reaching MMI.

If your injury is considered permanent and total from the beginning – such as a double amputation – then you can start in on permanent benefits without having to wait for MMI or 104 weeks first.

Lawsuits

In a lawsuit, our work injury lawyers can help you recover

  • Medical bills
  • Full lost wages
  • Full future lost earning capacity
  • Property damage
  • Other expenses related to the accident
  • Pain and suffering, including mental and emotional distress.

No Double Recovery Allowed

Some of these damages can be paid through both, but you cannot keep them if you recover damages twice.  Your Workers’ Comp claim usually goes first, and the insurance carrier gets a “subrogation lien.”

If you sue and win the same damages they already paid you, this lets them claim back those amounts they already paid.  You keep the rest of the damages that workers’ Comp did not cover, such as pain and suffering.

FAQs for Work Injury Cases in Doral

Who Decides Workers’ Compensation Claims?

Initially, your employer or their insurance carrier decides your Workers’ comp claim.  You report the injury to your employer, and they file a claim with their carrier.  They get 120 days to decide.

If they deny you, you can file a formal Petition for Benefits with the state.  This is decided by a Workers’ Compensation Judge, which is a special judge who works without a jury.

Who Decides Work Injury Lawsuits?

If you sue, your case goes to court.  This puts it before a judge to decide legal issues and a jury to decide fact issues and damage amounts

How Long Do You Have to File a Claim?

You have 30 days to report your injury to your employer, then they file your formal claim.  Once you are denied, you get up to 2 years to file a formal claim through the state.

You get 2 years from the date of injury to file a personal injury lawsuit.

What Workers Are Eligible for Workers’ Comp?

Workers’ Compensation covers all “employees” at jobs with at least four employers.  If you work in construction, you should be covered at any job with at least one employee, even if you are a contractor.

When deciding whether a worker is an employee or an independent contractor, we look at what their job actually entails and how much control their employer exerts over them.  The fact that their employer calls them a contractor or pays them with a 1099 is not enough to prove they are an ineligible contractor.

Call Our Work Injury Attorneys in Doral Today

If you were hurt at work, call (305) 614-2767 for a free case evaluation with Graves Injury Law Firm’s work injury attorneys.