Each year, thousands of Floridians get injured on the job. Perhaps more disturbingly, many of them don’t know that they have the right to financial compensation and medical care following their injuries.
Florida’s workers’ compensation law provides injured employees with limited workers’ compensation benefits regardless of fault. The law also shields at-fault employers from personal injury lawsuits. However, if you sustained an injury on the job, you still may have the right to file a personal injury lawsuit to receive additional benefits.
In this guide, our staff at Aigen Injury Law provides an overview of Florida workers’ compensation and personal injury laws. To learn more about our legal services or to schedule a free consultation, contact our firm today.
Understanding the Exclusive Remedy Rule
Like many other states, Florida has an “exclusive remedy” rule that provides employees with workers’ compensation benefits following an injury on the job.
Employees can benefit from the rule because it doesn’t require them to prove their injuries are their employers’ fault in order to get compensation. Unfortunately, it also prevents them from suing their employers for negligence, even if unsafe working conditions caused their injuries.
Depending on the circumstances, your local, state, or federal government may fine your employer for unsafe working conditions. Otherwise, you may only recover the awards included in workers’ compensation, such as medical expense coverage and predetermined damages.
Injuries Caused by Third Parties
Despite the exclusive nature of Florida’s workman’s compensation laws, you may have the ability to file a lawsuit if a third party’s actions or negligence resulted in your injury.
Typically, third parties don’t include your employer, coworkers, or a contractor who hired you. Even so, each case varies, and you should always consult with your attorney to determine if your case warrants a third-party lawsuit.
Lastly, if you can prove that your employer intentionally injured you or didn’t make you aware of a potentially lethal and concealed danger, you may be eligible for an intentional tort exception.
Common Injuries in Work Accidents
While there are as many ways to get injured at work as there are industries as Florida, our firm sees several types of injuries more frequently than others.
Some of the most common workplace injuries include:
- Slips and trips, such as on wet floors or loose carpeting
- Falls from a height, such as from ladders or scaffolding
- Sprains and strains, especially from heavy lifting
- Repetitive stress injuries in administrative or manufacturing jobs
- Auto accidents
- Exposure to harmful substances, such as chemicals or viruses
- Being struck by or crushed against or in heavy equipment, such as forklifts or construction materials
How to File for Workers’ Compensation Benefits in Florida
If you suffered an injury on the job in Miami, you should act quickly to file your claim. To do so, follow three simple steps, which include:
- Report your injury as soon as possible. Following an injury at work, you have 30 days to report your injury to your employer. Otherwise, you may risk a denied claim.
- See your doctor. After reporting your injury, your employer will direct you to approved healthcare providers who can begin your treatment. Ensure that your doctor knows that your injury occurred on the job. They should send your medical bills to your company’s workers’ compensation insurance provider.
- Review information from the workers’ compensation insurer. After you report your injury, your employer must contact the workers’ compensation insurance company within seven days. Then, the insurance company must send you information regarding your rights within three days.
If your employer refuses your claim, you can contact the Florida Employee Assistance Office. Additionally, we highly recommend working with a knowledgeable Miami workers’ compensation and personal injury attorney.
Representation You Can Count On
If you were recently injured on the job and can’t claim the damages you need to move forward, give our team at Aigen Injury Law a call today.
We will work with you from start to finish to uphold your rights and pursue a just outcome following the stress and fear of an occupational accident. For more information on our services or to schedule a free consultation, please contact us today.
Originally published March 30, 2022. Updated April 5, 2024.