Should I File a Workers’ Compensation or Personal Injury Claim?
If you have suffered an injury while performing your work duties, you may be wondering whether to file a workers’ compensation or personal injury claim. Generally, after suffering a work-related injury in Florida, an employee is required to file a workers’ compensation claim. However, depending on the circumstances, you may be eligible to file a personal injury claim. You shouldn’t assume you are only limited to filing a workers’ compensation claim. Depending on the specifics of your case, you may even be eligible to file both a workers’ compensation and personal injury claim. A qualified workers’ compensation or personal injury attorney can review your case and help you determine the best way to proceed.
When You Are Required to File a Workers’ Compensation Claim
If you suffer an injury while performing your work duties and the injury is no one’s fault or your fault, you will be required to file a workers’ compensation claim. Also, if your employer or another employee caused your injury, you will be required to file a workers’ compensation claim. You cannot file a lawsuit against your employer or another employee if your employer has workers’ compensation insurance. There is only one instance (mentioned in the following section) when you may be able to file a personal injury claim against your employer.
When You Can File a Personal Injury Claim After Suffering a Work-Related Injury
You can file a personal injury claim after suffering a work-related injury if a third party (someone other than your employer or a colleague) is to blame for your injury. For instance, if you get into a car accident while on the job because of another driver’s negligence and suffer injuries, you can file a personal injury claim against the negligent driver. In fact, in such a case, you can file both a workers’ compensation and personal injury claim. On the other hand, if you are injured by a negligent third party outside of your working hours or when you are not engaged in work-related duties, you can only file a personal injury claim.
As mentioned in the previous section, there is one instance when you may be able to file a personal injury claim against your employer. This is if your employer internationally caused you harm.
Damages for a Workers Compensation Claim vs. Damages for a Personal Injury Claim
A huge benefit of filing a personal injury claim is the damages you can recover. In Florida, workers’ compensation benefits are very limited. For example, you cannot recover compensation for pain and suffering in a workers’ compensation claim. You also cannot be compensated for all your lost wages. Usually, injured workers only receive two-thirds of their regular wages. With a personal injury claim, you can recover all your lost wages as long as you can prove them. Other benefits you can recover in a Florida personal injury case include the following;
- Emotional distress
- Mental anguish
- Diminished quality of life
- Future lost wages
- Scarring and disfigurement
- Loss of enjoyment of life
Contact Us for Legal Guidance
If you’ve suffered an injury while performing your work-related duties and are unsure how to proceed, contact our Fort Lauderdale personal injury attorneys at The Pendas Law Firm to get the guidance you need.
The Pendas Law Firm also represents clients in the West Palm Beach, Miami, Fort Myers, Ocala, Orlando, Naples, Melbourne, Tampa, Jacksonville, Daytona Beach, and Bradenton areas.
