Workplace Accidents
We Help Injury Victims Seek Recovery Following Workplace Accidents Throughout Florida
Each year, countless workers nationwide experience injuries while carrying out their job responsibilities. While the majority of these workers have the right to file a workers’ compensation claim for their injuries, it’s important to note that workers’ compensation is not the sole means of seeking recovery following a workplace accident. At our law firm, our experienced work injury attorneys can evaluate the complete extent of damages for which you may be able to seek third-party injury claim compensation in addition to workers’ compensation benefits after enduring a work-related incident.
If your employer has informed you that filing a workers’ compensation claim is the only route to pursue compensation after a work-related injury, it may not be entirely accurate. Most Florida employers must carry workers’ compensation insurance, and these employers enjoy certain protections within the workers’ comp system, making it appear as though the issue is resolved from their perspective. However, it’s likely that you have suffered additional damages that cannot be addressed by workers’ compensation alone. It is crucial for you to understand your legal rights if you have been injured at work. At Cohen and Cohen Law, we offer a free consultation for injured workers in Florida. Let us evaluate the details of your unique situation and present the right strategy for you to seek financial compensation.
Explore Whether Your Work Injury Occurred Due To Negligence of Another Party Besides Your Employer
While the law may prevent you from filing a claim against your employer, we understand that you still need compensation if your workplace injury was caused by the negligence of a third party. The workers’ compensation system is not your only avenue for pursuing damages after a work-related injury. At our Florida work injury law firm, we can assist you in identifying and pursuing additional options for a third-party injury claim, in addition to workers’ comp.
Regrettably, numerous individuals hold the misconception that workers’ compensation claims are their sole avenue after a workplace injury. The specific circumstances surrounding your accident at work will shape the legal possibilities to pursue additional compensation that might be accessible to you. Do not neglect to consider the financial support that may be available to you following a work-related accident.
Seeking Damages For Work Injuries Not Available Under Workers’ Compensation
At Cohen and Cohen Law, we have helped many injured workers throughout Florida recover from injuries sustained on the job site. The claims process for workers’ comp and third-party injury cases are separate under Florida law, and we help our injured clients seek damages that workers’ compensation insurance does not cover in Florida.
If you are an injured employee, working with a workers’ compensation lawyer or filing a workers’ comp claim is not enough. In order to account for not only your existing medical bills, but the projected physical, financial, and emotional impact of your work injury, we will work with you to seek appropriate comprehensive medical evaluation of your condition and investigate the details of your case’s unique circumstances.
Our experienced legal team is dedicated to guiding you through the subsequent stages of your work injury case during a free consultation. Don’t hesitate to reach out to us today to engage directly with a Florida workplace injury attorney to address your questions and explore your options for seeking a third-party claim in addition to your Florida workers’ compensation claim.
Common Workplace Accidents and Injuries
Experiencing an on-the-job injury is a potential reality for employees across various industries. The consequences of these injuries can be severe, leading to extensive medical expenses, lost wages, and the inability to engage in activities you once enjoyed. Seeking immediate medical attention is crucial. Not only does it help to evaluate the extent of your injuries, but it also provides essential documentation to support your claims.
Workplace injuries can manifest in various forms. Common workplace injuries include:
- Slips, Trips, and Falls
- Falls from Heights
- Assault
- Repetitive Stress Injuries (including Carpal Tunnel Syndrome)
- Heavy Lifting Accidents
- Electrocution Injuries
- Machinery Accidents
- Auto Accidents
- Head and Brain Injuries
- Spinal Injuries
- Burn Injuries
- Soft Tissue Injuries
- Injuries to Extremities
With disabilities caused by workplace accidents, individuals may encounter substantial treatment costs, hindering their ability to return to work and earn a living. Additionally, there may be implications regarding Social Security Disability.
At Cohen and Cohen Law, we handle work injury cases that intersect with numerous areas of practice. For instance, work accidents involving motor vehicles often involve navigating through insurance company communications. By working with our workplace injury lawyers, you benefit from our extensive experience in various personal injury practice areas, which can be relevant to both workers’ compensation claims and third-party injury claims.
Furthermore, injured workers may require special assistance services, modifications to their homes, or other economic losses due to their disability. At Cohen and Cohen Law, we understand these complex challenges, and we are here to provide you guidance. Our firm’s experienced workplace injury lawyers stand ready to support your physical and financial recovery following work-related injuries and associated medical costs in Florida. Schedule a free consultation today to address your concerns and discover how effective legal representation can improve your situation after a workplace injury.
Non-Economic Losses and Workplace Accidents
Non-economic losses, like pain, suffering, and a reduced quality of life, are significant aspects of workplace accidents. Unfortunately, non-economic losses aren’t covered by workers’ compensation.
To seek compensation for non-economic losses due to workplace accidents, you’ll need to file a third-party work injury claim. While quantifying these experiences in monetary terms can be difficult due to their subjective nature, non-economic damages are very real, and our attorneys are experienced in determining appropriate monetary values for these intangible losses suffered by injured Florida residents. It’s crucial to work with an experienced work accident lawyer who can properly evaluate non-economic losses in order to pursue appropriate damages addressing the full scope of your suffering.
Regrettably, non-economic losses often have far-reaching consequences and cause emotional frustrations for an injured individual’s future. Work injuries can greatly impact one’s ability to perform tasks and pursue enjoyable activities, diminishing one’s overall quality of life. To determine the validity and valuation of your injury claim following a workplace injury, consult a knowledgeable Florida work accident attorney at Cohen and Cohen Law.
Workers’ Compensation May Not Represent Your Full Workplace Accident Case
Workers’ compensation coverage is compulsory for the majority of employers in Florida, ensuring that the employees at those companies are protected by this type of coverage. It’s important to note that workers’ compensation operates under a no-fault insurance system. This means that workers are not required to prove fault as part of their workers’ comp claim, and they are also not barred from compensation if their own actions contributed to the accident.
Workers’ compensation requirements and processes differ significantly from personal injury cases in Washington. In exchange for not having to prove fault, workers’ comp grants employers immunity from liability, which prevents injured employees from filing lawsuits against their employers for damages.
Additionally, in a workers’ compensation suit, only economic damages like lost wages and medical expenses can be recovered; compensation for pain and suffering is not available. However, it may be possible to seek compensation for non-economic damages, such as pain and suffering, through a third-party work injury claim if another party’s negligence contributed to the workplace injury.
Consult with a Florida workplace injury lawyer at Cohen and Cohen Law to explore this option and determine the appropriate course of action for your specific case. We are here to support you, and we invite you to request a free case review to help you understand your next steps.
Workplace Accidents and Wrongful Death Claims in Florida
When a devastating workplace accident occurs, we understand the need to explore available avenues for wrongful death claims on behalf of surviving family members. Our extensive experience in investigating and proving such claims involving workers throughout Florida positions us to provide valuable guidance. Our priority for you at the initial stage is to understand the circumstances surrounding the accident and its implications for the estate and death benefits.
We recognize the time constraints imposed by the statute of limitations and the intricate nature of both work-related accidents and estate matters. We offer free consultations, during which we will advise you on your legal options and help you determine the right course of action to pursue rightful financial compensation for your family.
Third-Party Liability Claims Against a Negligent Person Responsible for a Workplace Accident
Although you cannot directly sue your employer after a workplace injury, there is still an opportunity to pursue a third-party liability claim against a negligent third party, which can include businesses, contractors, property owners, manufacturers, or drivers, who may be held accountable for their actions.
To succeed in a third-party liability claim, you and your attorney need to demonstrate the following:
- The third party owed you a duty of care.
- The third party failed to meet this duty of care (breach of duty).
- The breach of this duty was the direct cause of your injuries and damages.
Some examples of third-party claims include:
- Taking legal action against the manufacturer of defective equipment that caused a workplace accident.
- Pursuing a lawsuit against a negligent driver whose actions led to a construction crash and injured a worker.
- Filing a suit against a property owner (excluding your employer) if their property’s hazardous conditions caused your injuries during work.
Seeking legal recourse through a successful third-party claim can help to safeguard your rights and provide you necessary compensation for your suffering.
The Next Steps for a Workplace Accident Claim
Reliance solely on workers’ compensation may prevent you from seeking appropriate compensation for non-economic damages. In contrast, pursuing a separate third-party claim allows you to seek compensation for both economic and non-economic damages.
Non-economic damages can comprise physical pain, emotional distress, inconvenience, loss of enjoyment of activities, reputational harm, and more. While these damages don’t have a direct financial cost, they can significantly impact your overall well-being and daily life.
By pursuing a third-party claim, you may be eligible for compensation that goes beyond what is covered by workers’ compensation. This can include damages such as pain and suffering, a reduced quality of life, full lost wages, and loss of future earning capacity. Act quickly in coordination with an experienced Florida workplace injury lawyer to gather evidence to support a third-party workplace accident claim.
If you suffer an injury at your workplace in Florida, you may need to pursue two separate claims:
- A workers’ compensation claim
- A third-party personal injury claim
These two types of claims for workplace injuries are distinct and have their own legal standards and processes. Florida workers injured on the job should promptly coordinate with an experienced workplace injury lawyer to determine whether pursuing a third-party personal injury lawsuit in addition to seeking workers’ comp benefits would be an appropriate response to on-the-job injuries.
Workplace injury cases all differ, but our experienced workplace accident attorneys know the elements to look for in order to pursue the full scope of damages that may be available to injured Florida workers under both Florida workers’ compensation laws and a third-party claim or personal injury lawsuit. While carelessness does not factor into the no-fault system of Florida’s workers compensation laws, a negligence claim may be available for Florida workers injured on the job due to the involvement of other parties besides the employer.
At Cohen and Cohen Law, our injury lawyers provide legal services for Florida workers who have suffered an on-the-job injury and seek fair and appropriate compensation in addition to workers’ comp benefits, which are limited to a set of economic damages. If you are an injured worker in Florida, explore your options by speaking directly with one of our workplace accident attorneys during a free consultation. You may be able to file a third-party injury claim in addition to your workers’ comp claim.
Schedule a Free Consultation with Cohen and Cohen Law to Discuss Your Florida Workplace Accident Case
If you have suffered a workplace accident in Florida, we strongly encourage you to request a free consultation with one of our experienced workplace accident lawyers at Cohen and Cohen Law. This will allow us to evaluate the full range of legal options available to you in order to seek complete compensation for all the damages you have suffered.
Call us today at (800) 332-6436(800) 332-6436 , or fill out our online form. We will assess your third-party workplace accident case that you may be able to pursue parallel to a workers’ compensation case. Time is of the essence in workplace accident cases, and we are here to help you seek the fair and full compensation you need.
At Cohen and Cohen Law, you speak to an attorney right after the receptionist when you call. Instead of working with a case manager, you will retain access to your lawyer via their cell phone number. When you work with us, you will be treated like family. We are here to be the experience you need and the representation you can trust so you can heal physically, financially, and emotionally.
Experience Matters — Serving Florida for Over 50 Years
Frequently Asked Questions About Workplace Accidents in Florida
What is a workplace accident in Florida?
In Florida, a workplace accident is an unexpected event or injury sustained by an employee that occurs while performing job-related duties or activities, leading to physical harm or mental distress. A crucial aspect is that the injury must arise out of and occur in the course of employment, as outlined by Florida’s workers’ compensation laws.
How should I report a workplace accident in Florida?
To report a workplace accident in Florida, you should immediately notify your supervisor or employer about the incident, preferably in writing, to ensure there is a record of your report. You have up to 30 days from the date of the accident to report your injury, but it’s important to do so as soon as possible to support your claim.
Can I file a personal injury lawsuit against my employer for a workplace accident in Florida?
In Florida, workers’ compensation laws generally protect employers from personal injury lawsuits by providing benefits to employees injured on the job. However, there are exceptions for cases involving gross negligence or intentional harm. To determine if you have grounds for a personal injury lawsuit related to your workplace accident, it is wise to consult with an experienced Florida personal injury attorney in a free consultation.
What is the Statute of Limitations for filing a workers’ compensation claim in Florida?
The statute of limitations for filing a claim related to a workplace accident in Florida is generally two years from the date of the injury. This applies to both workers’ compensation claims and personal injury lawsuits against third parties.
Am I eligible for workers’ compensation in Florida?
In Florida, if you are injured while performing your job duties, you are eligible for workers’ compensation benefits in most cases. These benefits cover medical expenses, a portion of lost wages, and other related costs, regardless of who was at fault for the accident. However, this may not be the only claim you can pursue. Your workplace accident attorney can assess whether you may also be able to pursue a third-party injury claim.
What is a third-party injury claim in the context of a workplace accident?
A third-party injury claim arises when an entity other than your employer is responsible for your workplace injury. This could be a subcontractor, equipment manufacturer, property owner, or another party whose negligence contributed to your accident. Third-party injury claims can include non-economic damages in addition to economic damages, whereas workers’ comp claims do not include non-economic damages such as pain and suffering.
Can I file a workers’ compensation claim and still pursue a third-party injury claim?
You can file a workers’ compensation claim and a third-party injury claim simultaneously. Accepting workers’ compensation benefits does not prevent you from pursuing a third-party claim. While workers’ compensation covers injuries sustained at work, a third-party claim can be pursued if someone other than your employer or a coworker was partially responsible for your injury. For example, if faulty equipment caused the accident, you might have a claim against the manufacturer.
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Questions or Schedule An Appointment? Call Us: (800) 332-6436
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