Can I Collect Workers’ Compensation and File a Lawsuit?

Can I Collect Workers’ Compensation and File a Lawsuit?

On Behalf of Rosenthal, Levy, Simon & Sosa | June 24, 2024 | Workers' Compensation

If you’ve suffered an injury on the job, you’re entitled to workers’ compensation – regardless of where the fault lies in the matter. Employers throughout the State of Florida – and the nation – are required to cover their employees. The idea behind this requirement is to ensure that injured employees receive the compensation to which they’re entitled and that employers don’t face a series of work-related lawsuits, which amounts to a compromise. As such, employees generally can’t sue their employers for injuries sustained at work; however, there are exceptions. To help ensure that you obtain just compensation that supports your fullest recovery, don’t wait to consult with an experienced West Palm Beach workers’ compensation attorney.

Exceptions to the Rule

There are highly specific circumstances when you can file a lawsuit against your employer after being injured in the course of your work, including:

• If your employer failed to carry the required workers’ compensation coverage or failed to carry adequate coverage
• If your employer intentionally caused you to be injured on the job
• If the conditions you worked in were so risky or dangerous that they nearly guaranteed someone would be injured
• If your employer interfered with your efforts to collect workers’ compensation insurance benefits

Timing Matters

To file a successful workers’ compensation claim, timing is of the essence. This includes seeking the immediate medical attention that you need and informing your boss or supervisor that you suffered an injury on the job as soon as it’s possible to do so. To ultimately file a lawsuit against your employer or a third party, you have only two years from the date of the injury-causing accident, as established by the statute of limitations.

If you’re suing your employer after attempting to obtain fair workers’ compensation, these deadlines become intertwined, which makes the matter much more legally complicated. Another important matter of timing is reaching out for the skilled legal guidance of a focused workers’ compensation attorney as soon as you can.

Get the Help You Need from an Experienced West Palm Beach Workers’ Compensation Attorney

The compassionate workers’ compensation attorneys at Rosenthal, Levy, Simon & Sosa – proudly serving West Palm Beach, Florida – have a wealth of imposing experience helping injured employees navigate the challenging workers’ compensation process, which can include filing lawsuits. We have the skill and legal insight to help you obtain the compensation you need to regain your health and well-being, and we welcome the opportunity to do so. For more information about what we can do for you, please don’t hesitate to contact us online or call 561-478-2500 today.