Being injured at work is not uncommon, and there are laws in place regarding how injured workers can get compensation. To determine what kind of compensation you deserve and the best way to get it, you should speak to an experienced attorney as soon as possible.

Workers’ Compensation covers many work injuries. An injured employee may file a claim with their employer’s insurance, but they may be prohibited from suing their employer for a work accident unless special conditions exist. However, injured employees may sue any number of third parties who may bear responsibility for the accident. Damages in such cases may include medical costs, damaged personal property, lost wages, and various painful personal experiences.

Call the Graves Injury Law Firm at (305) 614-2767 and ask our work injury attorneys for a free legal review to start your case.

Does Workers’ Compensation in Hialeah cover Work Injuries?

Workers’ Compensation is broad and tends to cover most injured employees in Florida. Report any injuries to your employer immediately and call a lawyer for help as soon as possible.

Workers’ Comp Requirements

Employers must have Workers’ Compensation insurance in Florida if they work in the construction field and employee at least 1 person, or they work in a non-construction field and employee at least 4 people.

Workers’ Compensation insurance likely covers most workers in Hialeah. If you are an independent contractor or sole proprietor, you might not have this insurance, and a lawyer can help you explore legal alternatives.

Starting a Claim

To begin a Workers’ Comp claim, injured employees must report their injuries to their employer within 30 days of the accident. If you do not, your claim may be challenged and denied.

If your initial claim is denied, you can file a formal claim with the Bureau of Employee Assistance and Ombudsman (EAO). The EAO conducts formal hearings on your Workers’ Comp claims, and a Judge of Compensation Claims (JCC) decides whether your claim should be approved.

You must file this claim with the EAO within 2 years. Keep in mind that you must still have reported your injuries to your employer within 30 days to qualify for this claim.

Legal Restrictions

Workers’ Compensation can be a big help for employees who are hurt on the job, but it may come with certain legal restrictions. Generally, injured workers are not permitted to sue their employers for work-related accidents covered through Workers’ Compensation, barring special conditions.

Can You File a Lawsuit for Work Injuries?

It is possible to sue for injuries from a workplace accident, but your options might be somewhat limited because of Florida’s Workers’ Compensation laws.

Suing Your Employer

Injured employees typically cannot sue their employers for work-related accidents under Florida’s Workers’ Comp laws unless…

  1. Their employer injured them intentionally, or
  2. Their employer failed to carry the required Workers’ Comp insurance.

Suing Third Parties

Third parties include anyone outside the employee-employer relationship. Injured workers are not restricted from suing third parties, and they may do so even while collecting Workers’ Compensation benefits. Common third parties include, but are not limited to…

  • Manufacturers
  • Trespassers
  • Customers or clients
  • Drivers
  • Property owners
  • Equipment owners
  • Suppliers
  • And more.

Can You File a Lawsuit While Receiving Workers’ Compensation?

If you receive Workers’ Compensation benefits, you may still sue third parties. If you get compensated for the same damages twice, you may need to pay back the Workers’ Comp insurance carrier.

Filing a lawsuit can help you recover damages that Workers’ Comp does not pay, such as pain and suffering.

What Evidence Do You Need to Support a Work Injury Case?

Supporting a work injury case required proof of your injuries, how the accident happened, and the defendant’s role in the accident. The evidence you need will depend on your unique circumstances, but the evidence listed below is common in many cases.

Medical Records

First and foremost, we need an official doctor’s report explaining that your injuries are work-related. Otherwise, your claim may not be approved.

We will likely also need copies of your medical records to prove your injuries. Your records should indicate the severity of your injuries, the costs of treatment, and details that our work injury attorneys can use to prove that the injuries occurred because of the accident at work.

Witness Testimony

Witness testimony may also be crucial. Coworkers and other people may have witnessed the accident and can explain what they saw. The more witnesses who testify, the more accurate a picture of the accident we can create.

Security Camera Footage

Many workplaces have security cameras, and one of these cameras may have recorded your accident. This can help show the Workers’ Comp Judge or the jury what happened.

Business Records from Your Employer

Like security camera footage, business records may shed light on how the accident occurred, how the area was maintained, employee training, and overall safety.

FAQs About Legal Claims for Work Injuries in Hialeah

How Do You Obtain Financial Compensation After a Work Injury?

After a work injury, many workers may obtain compensation by filing Workers’ Compensation claims through their employers’ insurance and, if their initial claim is denied, through the EAO. However, you may also pursue a personal injury lawsuit against third parties involved in the accident.

Are You Allowed to Sue Your Boss After an Injury at Work?

Yes, but only under limited circumstances. You can sue your employer if they do not carry the insurance needed to provide Workers’ Compensation benefits or if they injure you through an intentional tort.

How Do You Prove Claims for a Work Injury?

To prove a Workers’ Comp claim, we need evidence proving

  1. You were working as an employee
  2. The injury happened within the course and scope of your work
  3. More than 50% of the cause was work conditions and
  4. The injury was disabling.

In a lawsuit, we have to prove

  1. A third party owed you a legal duty
  2. They breached that legal duty
  3. That breach caused your accident
  4. The accident resulted in damages

What Kind of Work Injuries Are Eligible for Workers’ Compensation?

For a work accident to be compensable under Workers’ Compensation, it must be the major contributing cause of your injuries. More specifically, the accident should be more than 50% responsible for your injuries.

Ask Our Hialeah Work Injury Attorneys for Legal Help

Call the Graves Injury Law Firm at (305) 614-2767 and ask our work injury attorneys for a free legal review to start your case.