Switch to ADA Accessible Theme Close Menu


A constant source of help for your family in times of need, we’re available 24/7 in person, by phone and video conference. Call us anytime for an always free consultation.

Free Initial Consultation
protected by reCAPTCHA Privacy - Terms

Can I Sue Outside of Workers’ Compensation?


If you were injured in your West Palm Beach workplace, you do not have to settle for workers’ compensation. While workers’ compensation is in place to help you cover a portion of your lost wages and your medical bills, it does not cover other types of damages that may stem from your injuries, such as lost earnings, lost earning capacity, permanent impairment, pain and suffering, or loss of enjoyment of life. Furthermore, if you opt to take the workers’ compensation settlement without exploring your options, you forfeit all future rights to sue your employer, even if your injuries prove to be much worse than what you and your doctor originally thought, or if latent injuries pop up later on.

If you are the victim of a workplace accident, do not just automatically settle for the first workers’ compensation settlement you are offered. Contact a West Palm Beach workers’ compensation lawyer to explore the options available to you.

When Can I Sue Outside of Workers’ Compensation?

While specific coverage requirements vary based on the industry, all Florida employers are required to carry workers’ compensation insurance. Because of this, it is difficult for Florida employees to sue their employer for injuries sustained at work. Most injury claims must go through workers’ compensation. However, there are exceptions to this rule, including:

  • Defective Products: If you were injured by a defective product, you may be able to file a products liability claim against the manufacturer of the product. The manufacturer, if found liable, would have to compensate you for things like lost wages, medical bills, and pain and suffering.
  • Toxic Substance: If you are injured or become ill because of a substance you routinely work with, or because of a toxic substance in the workplace, you may be able to sue for a “toxic tort.” Again, the manufacturer of the toxic substance and/or the manufacturer of the safety equipment may be held liable.
  • Third Party: If a third party causes your injury, you may be able to file a personal injury lawsuit against that person. For instance, if a contractor or subcontractor is responsible for your injuries, they can be held liable.

Civil Suits Brought Against the Employer

In very limited circumstances may you sue your employer for injuries sustained at work. The following are two instances in which you may win in a lawsuit against your employer:

  • Your Employer Intentionally Harmed You. If your employer took action against you with the specific and direct intent of causing you harm, they can be sued. Intentional acts include punching you in the face, pushing you, or some other physical altercation. Intentional acts does not include failing to provide you with health insurance or failing to employ proper safety protocol.
  • Your Employer Has Insufficient or No Workers’ Compensation. If an employer does not carry workers’ compensation, not only will they be subject to fines and penalties upon the state finding out, but they will also be subject to any personal injury lawsuits brought against them by an injured employee. If your employer did not have workers’ compensation at the time of your injury, you are free to sue for any damages, including lost wages and pain and suffering—two damages not awarded under workers’ compensation.

Hire a West Palm Beach Workers’ Compensation Lawyer

Even if your injury meets the qualifications for one of the exceptions above, it can still be difficult to obtain compensation via a civil suit when your employer has workers’ compensation. That is why it is important to consult with a West Palm Beach personal injury lawyer before accepting any settlement—from workers’ compensation or otherwise. Call our office at 1-888-LPENDAS to schedule a consultation today.

The Pendas Law Firm also serves clients in the Jacksonville, Tampa, Miami, Fort Myers, Fort Lauderdale, Daytona, Bradenton, and Orlando areas.



Read What Others Have To Say About Us

  • “I'm very happy with this firm... Joel is an excellent attorney and Carolyn is an amazing paralegal, After been ditched from another law firm, Pendas took care of me and they won my case. I recommend them 100%...” - Jacksonville -

    Maria Pastor
  • “This law firm is amazing. I love how they always try to stay/keep in contact with you. It shows that they really care and want everything taken care of correctly, Thank You!...” - Orlando -

    Shantelle Blackwell
  • “I'm very thankful for all the attention of all the Pendas staff that took care of my case and helped me through the process, thanks for your patience, collaboration and comprehension!...” - Tampa -

    Carlos Guadalupe
  • “The Pendas Law Firm was amazing! They are very kind, professional, and hard-working! They always kept me informed. Larry Trias was great to work with! I always recommend Pendas to family and friends. Thank you for helping me with my case!” - Fort Myers -

    Heather Pepper
  • “Their attorneys are absolutely someone you want handling your car accident claim. They communicated with us promptly and thoroughly. I was very happy with our recovery. Their staff speaks Spanish and you feel like family.” - Orlando -

    Ian Brito
  • “I would definitely recommend this firm. The staff really helps you and they actually show you that they care, especially Siomara Roldan. She has been a great help for my family and myself, she is always helpful with any questions.” - Tampa -

    Wilmer D Santana Rodriguez
  • “5 stars for these guys! Hays Mathis got my case settled without going to court for a sum that dwarfed what the other guys were advising me to take. I highly recommend Hays not only because he does the work to get it done but he cares about the client and outcome as well!” - Jacksonville -

    Mike Reilly
  • “Pendas is the best! The paralegals are very attentive to your case, knowledgeable, and communicative! The attorney also won’t just be there the day of your sign up, but all throughout the process as needed. I truly recommend Pendas!” - Orlando -

    Ben Fitzgerald