When people are hurt at work, they typically think their only option is to file a workers’ compensation claim. However, there are times when workers’ compensation is not the only avenue to pursue for financial relief, even when the accident occurred on the job.
In some instances, workers may be able to file a personal injury claim against a negligent party that was not their employer. These are known as third-party claims.
If you’ve been hurt on the job, a third-party personal injury claim can result in additional compensation beyond workers’ comp benefits because you can seek additional losses, such as pain and suffering. These claims can be complicated, though, so you should speak to a Gainesville workplace injury attorney at Fine, Farkash & Parlapiano, P.A., today about your legal rights. With more than 100 years of combined legal experience handling these complex claims, our firm has the skills and the resources to fight for maximum compensation for you.
Schedule your free consultation now.
When Can I Sue After a Workplace Injury?
There are situations in which you can file a lawsuit after suffering a workplace injury. These involve accidents that are the fault of a third party ─ individuals or companies that are not your employer, a co-worker, or a contractor that hired you. Instead, they are someone who has no connection to your employer.
- If a defective piece of equipment caused an injury at work, you could sue the manufacturer.
- You could also sue if you worked as a courier and a negligent driver caused an accident on the road.
- If you are injured at a Jobsite where many different companies or contractors are all working, and your injury was caused by someone who is not affiliated with your company, you could file a personal injury claim.
If you have been hurt on the job and are ready to discuss your legal options, contact our Gainesville workplace injury attorneys now.
How Long Do I Have to Sue for Work-Related Injuries?
All personal injury cases in Florida have a statute of limitations. This is the time limit injured individuals have to file their claim. In Florida, the statute of limitations is four years from the date of the accident.
Before filing your claim, you will need to collect evidence from the scene such as pictures, eyewitness statements, and physical evidence, such as debris from a traffic accident. This evidence is crucial to your claim, but it takes time to collect.
It is best to speak to a Gainesville workplace injury attorney who can help you preserve the evidence and begin building your case as soon as possible.
Compensation for My Work Injuries
Compensation through a personal injury lawsuit is typically much greater than what a person can seek through workers’ compensation benefits. Workers’ compensation will only cover medical costs and a fraction of your lost wages. Through a personal injury claim, you can pursue payment for:
- Medical expenses
- Cost of future medical care
- Household expenses, such as the cost of cleaning your home or mowing your lawn if you are unable to do so
- Lost income
- Loss of future earnings and diminished earning capacity
- Loss of services and support
- Loss of consortium
- Pain and suffering
- Mental anguish
Ultimately, a personal injury claim is intended to help you receive total compensation for all of your losses.
Do I Need a Workplace Injury Attorney?
After a workplace accident, you may be unsure of whether you need an attorney or whether you can negotiate a personal injury settlement on your own. Working with an experienced attorney will take the pressure off of you, allow you to understand what maximum compensation should be in your case, and ensure you do not make mistakes that could hurt your claim.
When you decide to work with the team at Fine, Farkash & Parlapiano, P.A., your attorney will:
- Work quickly to determine who (outside your employer) is liable for compensating you
- Walk you through what to expect and answer all your questions
- Document the full extent of your damages
- Call on expert witnesses to support your claim
- Negotiate aggressively on your behalf
- Fight for you at trial, if necessary
Throughout your entire claim, your attorney will act as your advocate and ensure your rights are upheld while working hard to demand the full amount of compensation you deserve.
What Are the Different Types of Work Injuries?
Sadly, there are many different types of workplace injuries that can have long-lasting effects on workers and their families. Some of the most common include:
- Amputations: These can happen when workers operate mechanical equipment, power tools, or work around unguarded machinery or equipment that isn’t adequately safeguarded.
- Traumatic brain injury (TBI): The most common TBI in the workplace is a concussion, but workers can also suffer penetration injuries, contusions, and more.
- Spinal cord injury: Most spinal cord injuries in the workplace occur due to unsafe work environments. These injuries include slipped or ruptured discs, sprains, and strains.
- Crushed or mangled limbs: These injuries typically occur when workers become trapped in heavy equipment and machinery.
- Broken bones: Falls are one of the most common causes of broken bone injuries in the workplace.
- Burns: Fire, steam, hot liquids, and hot objects can cause burns. Chemicals and radiation exposure are also other common causes of burn injuries.
- Electrical shocks: These injuries are devastating and can occur when people work around electrical wires, outlets, power lines, and even electrical appliances.
All of these injuries are very serious and require extensive recovery times. If someone outside of your work was responsible for your injury, it’s important to speak to an attorney right away about all of your options for pursuing the compensation you need to recover.
Contact an Experienced Work Injury Attorney Today
At Fine, Farkash & Parlapiano, P.A., we fight for the rights of accident victims. Our attorneys advocate for workers who deserve more than workers’ compensation benefits after an accident on the job.
Contact our Gainesville workplace injury attorneys today to schedule your free consultation.