Can I Sue My Employer Instead of Filing Workers’ Comp in FL? Would I Need a Lawyer For This?
On Behalf of Rosenthal, Levy, Simon & Sosa | July 2, 2022 | Workers' Compensation
You sustained serious injuries from an accident in the workplace. Much to your frustration, this would not have happened if only your employer had placed better safety precautions in the workplace. Now you’re thinking if it would be possible to press charges against your employer and also receive workers’ compensation benefits?
In most cases, filing a personal injury claim against your employer and calling for workers’ compensation benefits (for the same occupational accident) cannot be done simultaneously. A principle to keep in mind for most employee insurance policies is that seeking workers’ compensation benefits does not hold your employer or their organization responsible for damages.
Numerous employees are not given an initial chance to consider filing a personal injury case. Rather, they will need to undergo workers’ compensation and will have the option to bring a lawsuit against their employer if their workers’ compensation benefits are denied.
Is it Possible to Sue Your Employer For an Accident at Work?
In exceptionally rare instances, you could sue your employer for a workplace accident while acquiring workers’ compensation benefits. This, however, requires substantial evidence of a criminal offense or intentional harmful conduct. It is also possible to take legal action if they unjustly refuse you your workers’ compensation benefits or if they do not provide coverage for workers’ compensation.
If you are qualified to demand workers’ compensation, usually, your lawyer will file for benefits first, prior to suing your employer. In general, note that you cannot sue your employer if they have already provided you with the benefits you are entitled to. However, you can collect those benefits that are rightfully yours if your employer unjustly refuses to compensate you.
Likewise, if your company does not offer workers’ compensation coverage, you may be allowed to sue them right after the occurrence of your accident or injury. This could be true if:
- Your employer doesn’t need to follow the state’s workers’ comp law (normally, if it is a small organization with a few workers)
- Your employer doesn’t provide workers’ comp coverage and is in violation of state law
- You’re an independent contractor
Why You Will Need a Lawyer to Sue Your Employer
Suing your employer is not the same as filing for workers’ comp benefits. A local attorney who handles workplace accident cases can explain what you must do to acquire the compensation benefits that are rightfully yours.
If the insurance company is disputing your claim, you should reach out to an attorney right away. You will be required to collect evidence to oppose the insurance company’s argument, and this may comprise a medical examination, appointing expert witnesses, and taking depositions, all of which require legal skill and knowledge.
Speak to a Seasoned Port St. Lucie Workers’ Compensation Lawyer Now
Whether you’re looking to file a workers’ comp claim, planning on filing a lawsuit against your employer, or have questions about the workers’ compensation claim process, contact Rosenthal, Levy, Simon & Sosa. Call our office at 772-878-3880 or reach us online to arrange a free consultation with our Port St. Lucie workers’ compensation lawyer.