Beyond workers’ compensation benefits

Post on behalf of Thomas J. Ueberschaer PA on Friday June 10, 2016

Florida workers who have been injured at work suffer from more than their physical wounds. There are fears of how both the medical and household bills will be paid during recovery. Workers’ compensation benefits might be available to help, but in some cases, the injuries were the cause of someone other than a fellow worker or the employer.

Whether it is believed that an unrelated third party — or your employer’s gross negligence — led to your injuries, it might be possible to not only apply for workers’ compensation benefits, but to also file a personal injury claim against the relevant party or parties in a Florida civil court. Though the workers’ compensation system does not require fault to be established, a civil court claim will require proof of negligence. Nevertheless, damages such as pain and suffering are available in a successful civil claim but are not included in workers’ compensation benefits. 

In addition, a claim could be made against any settlement you receive in a third-party claim to offset any workers’ compensation benefits paid. Therefore, if the circumstances under which you were injured warrant the filing of a personal injury claim, it would be beneficial to involve an attorney as soon as possible. He or she should work to protect your rights in order to pursue recovery of all of the compensation you are entitled to under the law.

You have enough to worry about when it comes to being injured at work. You should have the freedom to focus on your recovery without worrying about how you are going to keep food on the table. Further, you might not realize that you could also file a third-party claim against the party or parties responsible for your injuries, which means that you could miss out on a potential source of restitution. In order to fully understand your rights, contact a workers’ compensation attorney right away.

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