Have you been injured on the job in Stuart, FL? If so, a Stuart workplace accident lawyer can help you recover compensation for your medical expenses, time off of work, and potentially much more – including your pain and suffering.
In fact, the attorneys at Kibbey Wagner, PLLC have recovered over $60 million for injured victims since 2014. This includes people hurt in workplace accidents. We provide our clients with over 40 years of combined experience. This expertise gives us the strength to stand up to employers and insurance companies trying to get out of paying what you deserve.
Kibbey Wagner, PLLC offers a 100% free initial consultation. Call (772) 444-7000 or contact our office to set up a time to talk and learn more about your legal options. There’s no risk in getting information.
How Can Kibbey Wagner, PLLC Help You After a Workplace Accident in Stuart?
Kibbey Wagner, PLLC, can help you throughout the entire legal process after a workplace accident in Stuart, FL. We will advocate on your behalf to employers, insurance agencies, and third parties. Our job is to fight for your best interest and the resources you need to move forward.
Our experienced Stuart personal injury lawyers at Kibbey Wagner, PLLC, have been recognized on a local and national level. This includes being named:
- Top 100 Lawyers by The National Trial Lawyers
- Florida Super Lawyers and Rising Stars
- A Top 40 Lawyer Under 40 in the State of Florida
- Expert in Civil Personal Injury Law by the Florida State Bar
When you hire us to represent you in your workplace accident case, our lawyers will:
- Listen to your story
- Explain your legal rights and options
- Calculate your damages
- Investigate the cause of the accident
- File a workers’ compensation claim
- Negotiate with insurance companies
- File a workplace injury lawsuit, if necessary
Every case is different and will require a personalized strategy to get what you deserve. Call us to set up a time to talk with a Stuart workplace accident lawyer during a free initial consultation.
Workplace Accidents Can Cause Major Injuries
Depending on your line of work, a workplace accident can cause serious, even catastrophic injuries. The severity of your injury ultimately may depend on how the accident happened.
In our experience, the most serious injuries happen in professions involving heavy machinery and high-risk activities like working at heights or with dangerous chemicals. However, a workplace accident can happen in any profession, even those that don’t seem dangerous at first glance.
Luckily, we can help you no matter the type or severity of your injury. Some of the most common types of injuries include:
- Brain injuries
- Head injuries
- Neck injuries
- Back injuries
- Broken bones
- Sprained ligaments
- Repetitive injuries
- Spinal cord trauma and paralysis
- Internal bleeding and organ damage
- Severe burns
- Illness due to chemical exposure
Our lawyers also specialize in complex injuries. This includes people who sustain multiple different injuries or had a pre-existing condition that was made worse by an accident. These types of cases take time and effort for a lawyer to completely understand the cause of the injury and advocate on their client’s behalf.
Death in the Workplace
Unfortunately, not everyone who gets hurt in a workplace accident survives. Death might happen instantly, or weeks, months, or even years after an accident. Our lawyers can help families recover compensation after losing a loved one through a wrongful death case. We can also ask for death benefits through a workers’ compensation claim.
What Causes Most Workplace Accidents in Stuart?
Most workplace accidents are avoidable through safety measures and adequate training. However, some accidents are purely unpredictable and have nothing to do with someone’s negligence.
The most common causes of workplace accidents in Stuart, FL, are:
- Lack of safety equipment
- Improper safety training or accident protocol
- Lack of employee supervision
- Repetitive motions
- Exposure to toxic chemicals
- Physical strain or overexertion
- Slip and falls
- Falling from heights
No matter how your accident happened, our lawyers will investigate the cause. Once we know what caused the accident, we can advise you of your rights and create a strategy to maximize your recovery.
How Much Is My Stuart Workplace Injury Case Worth?
There is significant variation among the value of a workplace injury case in Stuart. Ultimately, it comes down to the type of injury that you experienced.
If you have a severe and debilitating injury that requires ongoing medical care, then you will recover more compensation than someone who has a minor injury that heals in a short period of time. This makes sense if you have undergone multiple surgeries, take expensive medication, go to the doctor frequently, and need a particular type of care.
The payment will go towards your medical care, but also to compensate you for the time that you are out of work. If your injury permanently prevents you from working, you are entitled to money for lost wages.
Depending on how you pursue your case, you may also get compensation for the pain and suffering associated with your injury. This payment goes toward physical pain but also recognizes the impact of your injury on your overall quality of life.
What Damages Can I Recover After a Workplace Accident in Stuart, FL?
The damages that you can recover after a workplace accident in Stuart, FL, largely depend on the legal option(s) available to you.
There are two common routes to get damages after a workplace accident: a workers’ compensation insurance claim and a personal injury lawsuit. Not everyone has the option to pursue either. A lawyer can help you understand what type of case you have and the damages you can ask for.
Damages Are Limited Under Florida Workers’ Compensation Law
Florida’s workers’ compensation law is a set of statutes intended to help people who are hurt at work. This is the most common way that employees recover compensation after a workplace accident.
These laws require most employers to carry workers’ compensation insurance. When an employee is hurt, they file an insurance claim instead of a lawsuit in court. The primary benefits of a workers’ compensation claim are that they are usually resolved quickly and are not based on fault.
That means most of the time, you can still get workers’ comp benefits even if the accident was your fault. The downside of workers’ comp claims, however, is that damages are limited compared to a traditional lawsuit.
A workers’ compensation claim will generally pay for:
- Medical expenses
- Disability benefits (including lost wages)
- Death benefits
Unlike in a lawsuit, you probably won’t recover 100% of your lost wages. Most people only receive up to two-thirds of their wages up to a certain amount. That is called the maximum weekly rate. This means that you won’t be made entirely whole as you would in a lawsuit.
When Can I File a Workplace Accident Lawsuit?
You can only file a workplace accident lawsuit in rare cases – usually, only if a third party caused your work injury. Generally speaking, you cannot sue your employer after a workplace accident (though there are limited exceptions).
For example, perhaps you work in a store at a customer service desk. An angry customer comes in and punches you. You are hurt as a result, and miss work for several days. Even though you were hurt while on the job, it was caused by a third party. You may be able to sue the person who hit you directly instead of recovering money through workers’ compensation insurance.
More Damages Are Available in Workplace Accident Lawsuits
If you do end up filing a lawsuit, there are significantly more damages available than if you go through workers’ compensation insurance. Not only can you recover economic damages, like medical bills and your full amount of lost wages, but you can also recover non-economic damages.
Non-economic damages are payments made for emotional trauma and the intangible impact of an accident or injury. This often includes things like:
- Emotional suffering
- The physical pain of an injury
- Loss of enjoyment of life
- Permanent disfigurement or scarring
- The onset of mental illness
- Loss of companionship
The total of your non-economic damages may significantly increase the value of your case.
How Long Do I Have To File a Claim or Lawsuit After a Workplace Accident In Florida?
If you are filing a workers’ compensation claim through insurance, the process happens very quickly.
You need to notify the lawyer of your injury within 30 days. Within a week, your employer will report the injury to their insurance company. You should expect to get a payment within 21 days of reporting your injury. In more complicated cases, it may take longer.
If you are filing a lawsuit, on the other hand, the timeline is different. You have two years from the date of the accident or the date that you discovered the injury.
You’ll want to talk with a lawyer well before this deadline, however. You’ll need to be prepared before filing the lawsuit. If you miss the deadline, your case is dismissed, and you lose your right to recover any money through the courts.
Call a Stuart Workplace Accidents Lawyer To Set Up a Free Consultation
It’s hard to know whether you should file a workers’ compensation claim or a lawsuit, especially when you are overwhelmed by doctor’s appointments and healing from an injury.
A Stuart workplace accident attorney will help you understand your options. Not only will they provide you with legal advice, but they can also take the lead in negotiating and filing claims while you focus on healing.
Kibbey Wagner, PLLC, is an excellent choice. Call our office at (772) 444-7000 to schedule a free consultation and time to tell your story. The best decision you can make after a workplace accident is to hire a lawyer to advocate for your best interests.