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Can I Sue My Employer for a Work-Related Injury?

Home  >  Blog  >  Can I Sue My Employer for a Work-Related Injury?

November 1, 2024 | By Rosenthal Levy Simon & Sosa
Can I Sue My Employer for a Work-Related Injury?

In Florida, most employers must have workers' compensation insurance, which covers medical bills, lost wages, and job training after work injuries. However, this same requirement usually prevents you from suing your employer unless rare exceptions like intentional harm or a lack of insurance apply. You may, however, potentially sue a third party if someone outside your company caused the injury.

If you or a loved one has been injured at work, a West Palm Beach workers' compensation attorney can help explore your legal options and pursue the compensation you deserve. Contact Rosenthal, Levy, Simon & Sosa today for more information.

Understanding Workers' Compensation in Florida

In Florida, most employers have to carry workers' compensation insurance. This coverage is meant to support workers who get hurt on the job. It can pay for things like:

  • Doctor visits and medical treatment
  • Part of your lost wages if you can't work
  • Job training if you can't go back to your old job

The good news is that you don't have to prove your employer did anything wrong to get these benefits. The bad news is that having this insurance usually means you can't sue your employer.

When Can You Sue Your Employer in West Palm Beach?

Even though workers' compensation usually stops you from suing your employer, there are a few times when you might be able to:

  • If your employer doesn't have workers' compensation insurance when they're supposed to
  • If your employer hurt you on purpose
  • If your employer intentionally removed safety protections from equipment that hurt you

These situations are rare, but they do happen.

What If Someone Else Caused Your Injury?

Sometimes, you might get hurt at work because of the negligence of someone who doesn't work for your company. This could be:

  • A delivery driver who hits you with their truck
  • The maker of a broken tool that hurts you
  • The owner of the building where you work
  • A contractor on the same work site

In these cases, you might be able to sue that person or company, even if you can't sue your boss. This is called a third-party claim, and is not prohibited by workers’ compensation laws.

Steps to Take If You're Hurt at Work in West Palm Beach

If you get hurt at work, tell your boss right away if you are well enough to do so. Then get medical help immediately. Write down what happened and take pictures if you can, talk to a lawyer who knows about work injuries and available compensation. A good lawyer can help you figure out if you have a case against your employer or someone else.

Why You Might Want to Sue Instead of Just Getting Workers' Comp

Sometimes, workers' compensation doesn't cover all your costs. If you can sue, you might be able to get additional compensation to cover additional lost income, pain and suffering, and other non-economic losses. To obtain such compensation, you must prove the negligence of a third party, which can be difficult, but worth it for additional financial support.

How a West Palm Beach Work Injury Lawyer Can Help

If you’ve been injured at work, it’s important to understand your rights and know what options you have. Rosenthal, Levy, Simon & Sosa Attorneys at Law will help you get the most out of your workers' compensation claim or determine if you can file a lawsuit.

Contact us online for a free case review. Let us guide you through the process and fight for the compensation you deserve.

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