Being injured at work is not uncommon, and you may be able to get compensation for your injuries and lost income if you cannot return to work for a while. In Florida, injured employees can file Workers’ Compensation claims to get their damages covered. However, you should not attempt to handle your claims alone. Always work with a lawyer.

You cannot sue your employer for work-related accidents, barring special circumstances, and Workers’ Comp may be your only route to compensation. However, you may be able to sue third parties responsible for the accident as long as they exist outside the employee-employer relationship. In many cases, suing third parties helps injured victims obtain compensation that might not be available through Workers’ Compensation.

Contact our work injury lawyers for a private, free legal review by calling the Graves Injury Law Firm at (305) 614-2767.

What Should an Injured Worker Do After a Work Injury in Ft. Lauderdale?

After an accident at work, prioritize getting help and reporting the accident to your employer. Once you have recovered a bit, contact a lawyer who can help you get compensation for your injuries.

Get Emergency Help

If your work accident constitutes a serious emergency, you should call for emergency help right away. If necessary, call 911 and report the accident. Have an ambulance sent to your location to take you to the emergency room.

If your accident is not an emergency or urgent, you may not need an ambulance. Even so, it is a good idea to leave work and have someone drive you to the hospital for evaluation and to check if you need to use an approved provider.

Report the Accident to Your Employer

You must report your accident and injuries to your employer within 30 days.

If your claim is denied, you can file a formal Petition for Benefits with the state. This must be filed within 2 years of the injury.

Call a Lawyer for Help

Although a Workers’ Comp claim is not a lawsuit, you should still have a lawyer help you. You may need to offer proof of your injuries and doctor’s reports confirming that the accident happened while you were at work. Dealing with insurance companies can be difficult, and an attorney can make the process easier.

Can You Get Compensation After Being Injured at Work?

After an injury at work, your only option for compensation might be Workers’ Compensation. Benefits may include medical coverage, a portion of lost wages, and possibly more, depending on your circumstances.

Filing a Workers’ Compensation Claim

In Florida, employers in the construction industry must have Workers’ Compensation insurance if they employ at least one person. All other industries must have this insurance if they employ at least 4 people.

If your employer is not required to carry Workers’ Compensation insurance, speak to an attorney right away about other possible legal options.

Compensation for Medical Care

A major part of Workers’ Comp is medical coverage. Your benefits should cover all reasonably necessary medical care. In short, if your doctor believes a certain course of treatment is necessary for your recovery, it should be covered.

Compensation for Lost Wages

Workers’ Compensation does not provide compensation for the full extent of your lost income. Generally, injured employees may receive two-thirds of their average weekly wage through Workers’ Comp benefits, with potential caps.

The exact value of these benefits may depend on whether your disability is temporary or permanent and whether you are completely or partially incapacitated.

Can You Sue for Damages After a Work Injury?

Since most employees are probably covered by Workers’ Compensation, suing for your damages may be difficult. Even so, an attorney can advise you of your options.

Exclusiveness of Liability

You cannot sue your employer for work-related accidents. Workers’ Compensation is generally the only available legal remedy for injured employees, barring special circumstances.

When an Employer Lacks Insurance

You may sue your employer if they fail to carry the insurance necessary to provide Workers’ Compensation. Some employers might fail to carry the required insurance, which is a serious violation.

When an Employer Commits an Intentional Tort

Even if your employer carries the insurance needed to provide Workers’ Compensation benefits, you may still sue them if you can prove they committed an intentional tort.

Our work injury lawyers must prove your employer caused the accident by committing an intentional tort by proving the following:

  • Your employer deliberately intended to hurt you, or
  • Your employer engaged in conduct they knew would likely result in injury or death to an employee, based on past experience or explicit warnings, and
  • You did not know about the risks because it was not apparent, and
  • Your employer deliberately misrepresented or concealed information about the risks to prevent you from making an informed decision about commencing the work.

FAQs About Work Injury Lawsuits in Ft. Lauderdale

How Do You Get Financial Compensation After a Work Injury in Ft. Lauderdale?

Most injured employees in Ft. Lauderdale will likely file Workers’ Compensation claims. Workers’ Compensation is the exclusive legal remedy for injured workers if they are covered. Generally, injured workers are not permitted to sue their employers for work-related accidents and injuries.

Can You File a Lawsuit After a Workplace Accident in Ft. Lauderdale?

In most cases, injured workers cannot sue their employers for work-related accidents. However, special exceptions exist that may allow you to sue if they lacked insurance or hurt you intentionally.

Injured workers can also sue third parties, i.e. anyone responsible for the accident who is not within the employee-employer relationship. For example, if you were injured by a defective power tool at work, you may sue the manufacturer of the power tool regardless of whether you file a Workers’ Compensation claim.

Do You Need a Lawyer to File a Workers’ Compensation Claim?

Yes. While your employer should file the correct paperwork with their insurer to make sure you get the benefits you are entitled to, not every employer is so cooperative. An attorney can negotiate for benefits and file a formal Claim for Benefits if they still deny your claim.

Contact Our Ft. Lauderdale Work Injury Lawyers for Legal Support

Contact our work injury attorneys for a confidential, free legal review by calling the Graves Injury Law Firm at (305) 614-2767.