Getting Injured At Work And Third Party Claims In Injury Cases
What Are Someone’s Options If They Are Injured At Work?
In Florida, if you were injured while at work, the primary source of recovery is to go through workers compensation coverage. Under Florida law, an employer typically cannot be sued by an employee for some type of negligence that occurred while working for the employer.
Workers compensation is not quite the same as a regular civil case; it’s a different judge, it’s a different courtroom and there are different rules that apply as to what someone can recover under workers compensation law.
The Izquierdo Law firm would evaluate whether or not that law applies in any injury case of a worker. It does not necessarily mean that just because you were working and were injured, workers compensation is automatically going to be the applicable law. That is not the case. There are instances where a worker is injured while working. However, the injury was caused by a third person or a third party or a third entity.
For example, if the worker is visiting someone else and gets injured in someone else’s location, or the worker was in the car and somebody else crashed into them while he was at work, the worker still has a right under Florida law to make a claim for damages against that third entity. Workers compensation would not apply under those circumstances.
Therefore, it’s very important that if you do get into an accident while on the job, consult with an attorney if you were injured to determine whether or not you have a potential claim either on the workers compensation law or a regular Florida law.
When Does A Third Party Claim Come Into Play?
The best example that can be given here is of a UPS driver. A UPS driver works for UPS and if the driver injures himself in the UPS warehouse for whatever reason, his only remedy is workers compensation. However, if that same driver gets into his truck to drop off boxes and gets rear-ended by someone else and gets injured as a result of that car wreck, the driver has a right to make a third-party claim against the person who caused this injury as we;; even though that driver was still on the job.
If you are not sure Whether You Are Entitled To Workers Compensation After Getting Injured At Work Or Not, call the law office of Alexis Izquierdo, P.A. for a FREE Initial Consultation at (305) 985-7800 and get the information and legal answers you’re seeking.
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