Work-related injuries can qualify you for benefits under Workers’ Comp.  But when outside third parties – such as the manufacturers of dangerous machinery – share responsibility, you may also be entitled to a lawsuit.

It is important to work with a lawyer who has experience in Workers’ Compensation, as this system is often quite different from regular lawsuits.  Our attorneys can pursue full compensation by taking your case through both types of claims and negotiating with insurance companies and defense lawyers for full damages.

Call Graves Injury Law Firm’s attorneys for machinery accidents at work today at (305) 614-2767 for a free review of your potential case.

Requirements for Workers’ Comp in a Machinery Accident

To get Workers’ Comp for your injury, you have to show a few factors:

You Are an Employee

Only “employees” are covered under Workers’ Compensation, as opposed to independent contractors.  Many workers who work with machinery day in and day out will be employees, but it is important to understand the factors that go into this status:

  • Employees are paid by an employer, who closely controls their work, while independent contractors work under their own direction.
  • Your title as “contractor” is not necessarily enough to show you are not actually an “employee.”
  • All construction workers – even contractors, subcontractors, and sole proprietors – are considered “employees.”

If you are an independent contractor and do not qualify for Workers’ Comp, a lawsuit may still be open to you.

Fault Not an Element

One element that actually does not affect your Workers’ Comp claim is fault.  You can file a Workers’ Compensation claim regardless of who caused your injuries, whether it was yourself, a coworker, your employer, or an outside party.

You cannot file a claim for an injury you caused yourself on purpose.

Work-Related Injury

Injuries have to arise within the course and scope of your work for coverage.  This means that the work tasks you do involved using the machinery or passing by/near it in a way that injured you.  Most “on-the-clock” injuries will qualify unless you were horsing around or blatantly doing something you were not supposed to do for work.

Injuries outside of work cannot be claimed through Workers’ Comp.

Disability

Work injuries can get you medical coverage regardless, but they only get you lost wage benefits if you are disabled by the accident.  The disability must last at least 7 days before you can get wage-loss benefits, but the first 7 days are also paid for if your disability makes it to 21 days.

Requirements for a Lawsuit

When injuries are caused by machinery, it is possible there could be a problem with the machine that makes the accident the manufacturer’s fault, which could allow a lawsuit.

Elements

You must show the defendant’s fault to sue them.  This requires showing that they

  1. Owed you a legal duty
  2. Breached that duty
  3. That the breach caused your accident
  4. That you suffered injuries and other damages.

Third Party

Workers’ Compensation laws prevent workers from suing their employers for work-related injuries.  This means you cannot sue your employer for failing to properly maintain machinery – our Miami attorneys for machinery accidents at work can help you use Workers’ Comp for those injuries.

However, you can sue outside parties like manufacturers or suppliers who provide dangerous or defective machinery.

Partial Fault

If the fault in causing your accident lies partially with the outside manufacturer and partly with your employer, you can only sue for the portion that goes against the outside party.

You cannot sue your employer, so you cannot recover for the portion of the damages that your employer caused; you can only get Workers’ Comp for that.  The same is true if you were partly at fault: you lose the portion of damages you caused yourself.

Getting Full Compensation

When you are injured at work, your Workers’ Comp benefits cover only some of the damages you face.  A lawsuit can cover the rest, and coordinating these cases is important.

Workers’ Comp Benefits

Workers’ Compensation pays two major areas of benefits:

  • Medical coverage to cover the cost of emergency treatment, ongoing care, physical therapy, and even prosthetics and home adaptations, when needed.
  • Wage-loss benefits covering around 66 2/3% of your lost wages, subject to certain caps at the statewide average wage.

You can also get coverage for things like vocational retraining.

Ongoing permanent impairment benefits are available if you get to 104 weeks on benefits without achieving Maximum Medical Improvement (MMI) to cover the ongoing wage-loss at a partial rate.

Lawsuit Damages

In a lawsuit, you can recover compensation for any physical, mental, and financial harm you face.  This can include medical bills, lost wages (at their full value), and any other costs.

However, it also includes one area of damages you can never get through Workers’ Comp: pain and suffering.  To get “full damages” for your injury, you would need to file a lawsuit that recovers pain and suffering damages.

No Double Recovery

You cannot keep money paid twice for the same damages.  If you recover damages in the lawsuit that were already paid through Workers’ Comp, your employer/their Workers’ Comp carrier can claim back the money they already paid for those damages (e.g., medical bills and 66 2/3% of your lost wages) in a “subrogation claim.”

You get to keep the rest of the damages (e.g., pain and suffering).

FAQs for Machinery Injuries at Work in Miami

What Kind of Lawyer Do I Need?

Our attorneys practice in both personal injury law and Workers’ Comp, so we are often perfect for a case like yours.  We represent workers in all kinds of industries, from construction workers to machinists to anyone working with vehicles, power tools, or other machinery.

What Counts as a “Machine”?

Machinery injuries would include any type of injury from industrial machinery, cranes, construction vehicles, other vehicles, forklifts, or even power tools and appliances.

We can also help with injury cases from any other kind of dangerous or defective product, or even work injury cases from other causes entirely, so do not hesitate to call us just because you are not sure if you were injured by “a machine.”

Call Our Workers’ Compensation Lawyers in Miami Today

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