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Can I Sue My Employer When I Get Hurt at Work?

by FranksKoenig NeuweltOct 30, 20180 comments

Can I Sue My Employer When I Get Hurt at Work?

We often receive calls from people looking to sue their employers after suffering injuries at work. – They believe that their injury was caused by their boss’s negligence in failing to protect them from harm or prevent them from being injured. – They are hoping to recover monetary damages from a civil lawsuit and a judge and jury.

However, in Florida, an injured worker is limited in their ability to sue an employer and, unless the most drastic and specific set of events occurs, the law only provides for claims to be filed under the workers’ compensation system and not a civil negligence lawsuit.

In Florida, an injured worker should hire an attorney after being injured so that a Petition for Benefits can be filed. A Petition for Benefits is a document that requests, or petitions, an employer’s workers’ compensation insurance carrier for benefits such as a doctor’s appointment, MRIs, surgery, lost wages and more. – Workers’ compensation is required to provide medical care and lost wage benefits to injured workers without having to go to trial with a Florida workers compensation lawyer, and prove another party’s fault as is required in civil law.

The workers’ compensation insurance company is then required to provide medical care services at no charge or cost to the injured worker, even if the injured worker did not have health insurance of their own. That means that ambulance bills, hospital bills, medications and all associated costs relating to a compensable workplace injury will be paid for on your behalf.

Also, under Florida’s workers’ compensation system, when an injured worker is taken out of work following an accident lost wages called Temporary Total Disability benefits will be paid. If an injured worker is returned on a restricted duty but the employer has no such position, the workers’ compensation carrier must pay Temporary Partial Disability benefits. – These monies are paid by the carrier as opposed to going through a civil lawsuit where you would get no lost wages.

The workers’ compensation system is meant to provide medical care and lost wages to injured workers, even if the accident was your fault.

This is because fault has no bearing under Florida’s work comp laws. As long as the injured worker was not intoxicated or initiated a fight or incident, benefits should be provided without having to prove another party’s fault. There are exceptions to the exclusivity of workers’ compensation being the only route that can be taken. However, this only applies to certain individuals and for certain occasions. For example, if your workplace injury involved a third party then you may be able to have both a work comp claim and a civil lawsuit. These situations occur when a party unrelated to your employer causes an accident or injury. Examples of this include a delivery driver hit from behind while stopped at a red light. In this situation, the driver has a valid workers’ compensation claim and can sue the at-fault driver outside of work comp.

If you have been hurt at work, you may have a workers’ compensation claim and might be entitled to receive health care and lost wage benefits. Call our Palm Beach County workers compensation lawyers for a free and confidential consultation at 561-616-3800 – – or contact Franks Koenig & Neuwelt online .

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We have offices in Florida, Georgia and Illinois. It is not only important to talk to an experienced workers’ compensation lawyer when you have been hurt on the job, it is also the best way to make sure that you receive proper medical services and lost wages you are entitled to under the law. After all, the Workers’ Compensation law was created to protect you – the employee.

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Devin Major
Devin Major
August 9, 2022.
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Best team I had ever working for me I really hope anybody who needs legal advise call them
Gregory Diggs
Gregory Diggs
August 4, 2022.
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I recommend this law firm to anyone with a worker's compensation case. The staff does a great job and they treat you like family. Judd Koenig was my attorney and went the extra mile and then some more securing my a nice settlement of my case.
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Cynthia Murray
August 3, 2022.
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Great Attorney thank you Eric Lakind and staff Attentive, friendly, answered ever questions got results when I could not do it myself Cynthia
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Naisha Dorvilus
August 2, 2022.
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Lisa was my lawyer she asked me questions and was very helpful. She and her team communicated with me about my cause and I'm super happy with her service.i will definitely recommend her and her company
Jaime Ieli
Jaime Ieli
July 29, 2022.
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My husband was hurt and never dealt with an attorney before. He looked up attorneys online & thru the grace of God got Lissa Dorsey as his attorney & she was truly amazing! She was very involved, always returned our phone calls & made the whole process as easy for us as she possibly could while my husband treated with Dr's and started his healing process. I would recommend her to any & everyone without a doubt.
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July 21, 2022.
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Tammy Dault
Tammy Dault
July 20, 2022.
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Wasn't sure how it would work with me being in one town and lawyer in another but it all worked out in the end thank you for all your hard work.
Brandon moore
Brandon moore
July 19, 2022.
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Great understanding lawyers! They were great in getting me a fair settlement and quick to respond to any questions I had. Thanks Kim and Lisa!
john heller
john heller
July 12, 2022.
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They were always responsive to my calls did an excellent job of getting everything I needed. When it came time To settle my case Andy and J did an excellent job I’m very happy with the outcome and very happy with this law firm I would highly recommend them!!!!