What If I Was Injured on the Job? Do I Have a Workers’ Compensation or Personal Injury Claim?
When workers are injured while on the job, they can be left dealing with not only physical pain, but also financial difficulty. Work-related injuries can lead to significant medical expenses, lost wages, and other economic damages and losses. If you suffered an injury while on the job, you may be asking yourself some difficult questions. One common question workers ask after sustaining a job injury is whether they should file a workers’ compensation claim or pursue a personal injury claim. While both avenues are available to help injured individuals recover, the right type of claim depends on the specific circumstances surrounding your injury. Keep reading!
Some Basics on Workers’ Compensation in Florida
If you suffered an injury while at work, it is vital that you understand workers’ compensation. In Florida, most employers are required to have workers’ compensation insurance. This type of insurance provides injured workers with benefits regardless of fault. This means an employee is not required to prove their employer’s negligence to qualify for benefits. Also, an employee can recover compensation even if they contributed to the injury through their own mistake or carelessness.
Workers’ compensation in Florida provides several benefits, including;
- Medical benefits
- Wage replacement benefits
- Vocational rehabilitation
However, workers’ compensation’s convenience and no-fault nature come with a tradeoff. Employees are generally barred from suing their employer directly, even if their employer’s negligence contributed to the injury.
When a Personal Injury Claim May Apply
In Florida, personal injury cases are founded on negligence. To succeed in a personal injury claim, you must show that another party’s negligence caused your injury. Generally, if you suffered an injury on the job, you cannot file a personal injury claim against your employer. However, if another third party (other than your employer) caused your injury, you may be eligible to file a personal injury claim. For example, if you were driving for work purposes and another driver caused the accident, you may be able to pursue a personal injury claim against the other driver. In fact, in such a case, you may be able to pursue both a workers’ compensation and personal injury claim.
In a personal injury case, you can recover damages that you cannot recover through a workers’ compensation claim, including;
- Full lost wages
- Pain and suffering
- Other non-economic damages
Difference Between Personal Injury and Workers’ Compensation Claims
It is crucial to understand the difference between personal injury and workers’ compensation cases in Florida. Here are the differences;
- Fault Requirement
- Workers’ Compensation: You don’t have to prove fault
- Personal Injury: You must prove fault
- Impact of Fault on Recovery
- Workers’ Compensation: Fault on your part does not affect your benefits
- Personal Injury: If you are partially at fault, your compensation will be reduced per the comparative negligence rule.
- Available Damages
- Workers’ Compensation: Limited damages
- Personal Injury: You can recover all the economic and non-economic damages you’ve suffered due to your injury
Contact Us for Legal Help
If you’ve been injured while on the job, contact our skilled West Palm Beach personal injury attorneys at The Pendas Law Firm for help determining whether you should file a workers’ compensation claim, a personal injury claim, or both.
The Pendas Law Firm also represents clients in the Ocala, Orlando, Daytona Beach, Tampa, Jacksonville, Miami, Fort Myers, Fort Lauderdale, Bradenton, Naples, and Melbourne areas.