1

Get started today

Schedule Your Free Consultation Today!

Fill out the form and someone from our team will contact you. 

    By providing your phone number, you agree to receive text messages from Franks, Koenig & Neuwelt. Message and data rates may apply. Message frequency varies.

    Free Consultation

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

    by Franks, Koenig & NeuweltOct 30, 2018

    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 .

    Palm Beach car accident lawyer

    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.

    See what Our Clients Have To Say

    Florida’s Most Trusted Workers’ Comp Attorneys

    Posted on Google Google
    Sandy Brown profile picture
    Sandy Brown
    Google star 1Google star 2Google star 3Google star 4Google star 5
    There worked so hard to help me and im so thank full for there help.
    Posted on Google Google
    Carlos profile picture
    Carlos
    Google star 1Google star 2Google star 3Google star 4Google star 5
    Great service!
    Posted on Google Google
    Pablo Pages profile picture
    Pablo Pages
    Google star 1Google star 2Google star 3Google star 4Google star 5
    Recomiendo a los que necesiten ayuda de abogados son muy buenos y siempre estuvieron atento a mi caso
    Posted on Google Google
    Michael Lisica profile picture
    Michael Lisica
    Google star 1Google star 2Google star 3Google star 4Google star 5
    One word… UNBELIEVABLE!!! David and Sasha not only took care of my case, but in the greatest time of need, they instinctively grabbed my son’s case!! I couldn’t be more grateful for this amazing team!!! Thank you!!!🙏🙏
    Posted on Google Google
    Dartes Milliner profile picture
    Dartes Milliner
    Google star 1Google star 2Google star 3Google star 4Google star 5
    Gets the job done and they care about they clients will use again.
    Posted on Google Google
    James Sos profile picture
    James Sos
    Google star 1Google star 2Google star 3Google star 4Google star 5
    Excellent 👍
    Posted on Google Google
    andyd328 profile picture
    andyd328
    Google star 1Google star 2Google star 3Google star 4Google star 5
    Honest and work hard for their clients