If you’re injured on the job, you may be able to claim workers’ compensation to help cover your injuries and missed wages. Florida law requires most employers to purchase workers’ compensation insurance. An employee who is injured during the course of their job duties can claim benefits regardless of fault (with only limited exceptions).
But what if the accident wasn’t caused by you or your employer? What if it was caused by another individual or entity? In this case, you may be able to pursue a third-party lawsuit against the party who was responsible for the accident.
Who Is a Third Party?
If your accident was caused by someone other than you or your employer, this additional party is called a “third party.” You may be able to pursue a third-party claim against them.
Third-party lawsuits are handled like general personal injury claims. You will need to prove that the third party is responsible for the accident and should be liable for your damages.
Here are some examples of third-party claims that may arise:
- An employee slips and falls at the office because a cleaning company left a slippery substance on the floors. The cleaning company would be the third party.
- A construction worker is injured by a defective piece of equipment at a construction site that’s provided by a supplier. The equipment manufacturer or supplier might be the third party.
- A delivery driver is injured in a car accident caused by another driver’s negligence
- Skilled workers are injured in a car accident due to a defective or faulty vehicle supplied by a third party
If you’ve been injured in the workplace, reach out to an experienced personal injury lawyer to see if you may have a third-party claim.
What Does Workers’ Compensation Cover?
Workers’ compensation will cover your medically necessary treatments related to your work injury, including medications and rehabilitation. It may also provide temporary disability benefits for the time that you are unable to work. If you are still unable to work after that time, you may be able to recover partial or permanent disability benefits.
Workers’ compensation does not cover non-economic damages. However, you may be able to recover these types of compensation through a third-party claim.
What Damages Can You Recover in a Third-Party Claim?
In a third-party claim, you may recover compensatory damages from the at-fault party. These may include economic damages and non-economic damages.
Economic damages are the direct financial costs associated with the accident. They include things like:
- Medical bills
- Property damage
- And lost wages.
Non-economic damages are the emotional or intangible costs of the accident. They might include:
- Pain and suffering
- Emotional anguish
- Loss of consortium
- And diminished quality of life.
Can I Seek Workers’ Compensation and File a Third-Party Lawsuit?
Yes, you may be able to file both a workers’ compensation claim and a third-party personal injury claim. However, these can be complicated legal matters that require you to handle many procedures and deadlines properly.
It’s important to seek legal advice as soon as you can in these cases, as a lawyer can help you identify and follow through with your best course of action from the start.
How Long Do I Have to File My Third-Party Lawsuit in Florida?
In Florida, you have two years to file a third-party claim regarding your workplace injury. This two-year deadline is called the statute of limitations. If your case is not filed on time, you may be unable to recover compensation from the at-fault party.
However, to pursue a workers’ compensation claim, you must inform your employer of your injury within 30 days. Accordingly, you should consider talking with an experienced attorney as soon as possible to discuss your options regarding your workplace injury claims. This is especially true because there are exceptions to these deadlines in some cases.
Contact an Experienced Stuart Personal Injury Lawyer To Schedule a Free Consultation
If you’ve been injured at work, you may be dealing with serious injuries, missed work, and a complex process for recovering compensation. Our experienced Stuart personal injury attorneys have the expertise you need to determine your next steps. We’ll fight for you to receive all the compensation you’re entitled to.
Call Kibbey Wagner Injury & Car Accident Lawyers Stuart at (772) 444-7000 or contact us online today to schedule your free consultation.
