Workplace Injuries
Helping You File a Workplace Injury Lawsuit
Should You Sue Your Employer for a Workplace Injury?
If you have recently suffered an injury at work, you may be weighing whether you should file a lawsuit against your employer. To make that decision, you need to know about workers’ compensation laws in Florida.
State law requires that virtually all Florida companies offer workers’ compensation benefits to their employees. Workers’ compensation benefits come with a trade-off, however. When an employer provides workers’ compensation insurance, it is able to shield itself from most workplace injury claims filed by employees. Yet there are still several situations that allow an employee to sue their employer.
Read on to learn more
About whether you should sue your employer or file a workers’ compensation claim. We will also discuss the workers’ compensation system in Florida. However, if you want to learn about your options, it’s best to contact a workers’ comp lawyer in Miami.
Read on to learn more
About whether you should sue your employer or file a workers’ compensation claim. We will also discuss the workers’ compensation system in Florida. However, if you want to learn about your options, it’s best to contact a workers’ comp lawyer in Miami.
Workers’ Compensation System in Florida
Florida’s workers’ comp system pays workers for medical care and lost wages caused by a work-related injury or illness.
Initial Requirements for Workers’ Compensation Claims
You must meet several requirements to qualify for workers’ compensation benefits in Florida. First, you have to be injured or become ill because of your job. If your injury or illness occurred outside of work or while you were commuting, you probably won’t be able to file for workers’ compensation.
Another requirement is that your employer needs to provide workers’ compensation benefits.
However, Florida law requires that all construction companies with more than one employee provide workers’ compensation. All non-construction companies with four or more employees must also provide workers’ compensation. So unless you work for a very small company, you don’t need to be concerned about this requirement.
The third and final requirement is that you report your injury quickly. Under most circumstances, workers only have 30 days to report their injury or illness to their employer. However, you may have longer if your employer actually knew about your injury or if they failed to tell you about your right to file a workers’ compensation claim.
Assuming you report your injury within 30 days
You can file your workers’ comp claim any time within 2 years of the accident. Also, remember that you can still file a workers’ compensation claim even if you accidentally caused your workplace injury. Once you have provided all the needed information, your employer’s insurance company will either accept or reject your workers’ compensation claim. If your claim is rejected, you should contact a workplace injuries attorney right away.
How Can a Workplace Injuries Attorney Help?
Florida’s workplace compensation system is quite complex and time-sensitive. These factors can make it difficult to navigate the process of preparing and filing a claim. Having a workplace injuries attorney by your side will help you file your claim efficiently and on time. An attorney will also represent your interests to your employer and insurance companies, which often try to provide workers as little compensation as possible.
Furthermore
If you’ve been hurt at work, a lawyer will be able to help you understand when you can and should sue your employer. As clarified by state law, Florida’s workers’ compensation system forces both companies and workers to give up certain legal rights and defenses. This means that workers typically cannot sue their employers for a workplace injury.
That said, there are still many situations where you can sue your employer. Maybe your employer is trying to prevent you from filing a claim. Maybe they failed to tell you that you had the right to file a workers’ compensation claim. Or perhaps your employer’s insurance company simply denied your claims. An attorney can make all the difference in all of these situations.
Additionally, you may be able to sue a third party for your injury. For example, if you were injured by faulty equipment, you may have a claim against the manufacturer. Or if you were in a car accident while working, you may have a claim against the other driver.
Let a Skilled Workplace Injuries Attorney Help You Stand Up for Your Rights
Perhaps you have decided to take your employer to court. And maybe you are looking for a workers' comp lawyer in South Florida. If that’s the case, then look no further.
Here at Lady Law Group, we put our clients first. We pride ourselves on being a women-led firm that offers our customers a personal touch. That’s why every client hears an attorney’s voice on the other end of the phone when they first call us.
On top of that, we are dedicated to helping you understand your legal options and preserve your rights. Reach out to us today to set up an initial consultation. Don’t wait for your window of opportunity to close. Let us fight for your rights today.