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Collecting Damages for Work-Related Injuries as an Independent Contractor


Many businesses choose to outsource to save money on everything from payroll taxes to overhead expenses. Many more also enjoy the added bonus of not being financially responsible for the contractor’s safety and wellbeing, including any injuries that occur while the contractor is on the clock. Or so they think. Though independent contractors are technically self-employed and therefore responsible for themselves, there are instances in which an employer can be held liable for a contractor’s injuries. If you are an independent contractor in Florida, and if you were injured on the job, reach out to the Fort Myers workers’ compensation lawyers at The Pendas Law Firm to learn more about what, if any, legal options you have regarding pursuing compensation.

Filing a Third-Party Claim

If an employee is injured on the job, their only legal remedy is to pursue a workers’ compensation claim. If they are dissatisfied with the employer’s insurance company’s decision regarding the amount of settlement they are to receive, they can bring the claim to workers’ compensation court, but that is about the extent of their legal options. While you, as an independent contractor, do not have the option of filing a workers’ compensation claim, you may actually be better off than employees covered by workers’ comp. Whereas employees are only able to pursue damages under workers’ compensation, and whereas they can only collect certain damages – such as medical bills – as an independent contractor, you can file a third party claim against the company. If your claim is successful, you can collect compensation for medical bills, lost wages, pain and suffering, and any other damages you might have accrued.

Now, if you work for a company that is contracted to do work for another company, you have two legal options for recovering compensation: 1) file a workers’ compensation claim with your employer’s insurance company and 2) file a third party claim against the company your company is doing work for. You may pursue both of these options, and not just one or the other. However, in order to pursue the second option, you must be able to prove that the employer you are doing work for was negligent, and that their negligence was the direct cause of your injuries.

Collecting Damages as a Temporary Employee of a Staffing Agency

If you are the temporary employee of a staffing agency, the staffing agency and employer you are working for are technically joint employers. As a result, you would not be able to pursue a third party claim, and your only option would be to file a workers’ compensation claim with the staffing company.

To learn more about the exact laws dictating the collection of compensation by an independent contractor in the state of Florida, review Florida Statute 440.10.

Consult a Fort Myers Workers’ Compensation Lawyer

If you are an independent contractor and you were injured on the job, you are not without options. In fact, you may have more legal options to pursue than a classified employee. To make sure that you do not miss out on any compensation, contact the Fort Myers workers’ compensation lawyers at The Pendas Law Firm at 844-200-0000 to schedule a consultation.

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



Read What Others Have To Say About Us

  • “I can’t express how much I appreciate this law firm. I had the honor to deal with attorney Daniel. He kept me updated on my case. I couldn’t ask for a better law firm. Daniel fought for me til the end and got me what I deserved. Thanks Daniel and your team for always being there to answer any of my questions. If I ever need a law firm again...”

    Terry Mcphillips
  • “Speedy & superb handling of clients & cases, kind & caring. Highly recommended professionals. They made everything very easy for us, were outgoing & polite. I would call them again if ever in need, rather than call the larger firms that need to advertise & brag about winnings…Pendas was a pleasant & more personal approach instead of...”

    Joseph Kestell
  • “Wow I called Pendas Law Firm the other day at their main intake line it was around 11 o’clock at night and I’ve got this wonderful representative his name was Jeffrey Alvarez. This guy was very professional and his compassion was out of this world I don’t know what I would do if I could not have got a hold of him...”

    Luis Sanchez
  • “Thank you for helping us in our time of need. This firm handled my father’s workers comp case, and helped us with every question we had, and we had a plenty. Thankful for the entire legal team!”

    Enilno Resu
  • “I just concluded a case with attorney Michael Sanchez and paralegal Camilo Lopez. I can only say they are exceptional. The customer service is unique, they have been battling alongside me since day 1. They are not only courteous and professional, but they also are amazing at their job. Thanks to them I got a great deal. I am glad I decided to use their services...”

    Israel Garcia
  • “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. Already recommended them to others in the same circumstances, their staff speaks Spanish and you feel like in family.”

    Ian Brito
  • “Very Professional law firm. They explained to you every detail what to do according to the laws (worker’s compensation). Mr. Danilo Cruz is the best Lawyer and his team. They are very kind, friendly, responsible, I love this firm. They fight for their clients. AwesomeTeam!”

    Lau Rod