If you are made the victim of an accident in the workplace that results in your serious injuries and other damages, you may automatically assume that workers’ compensation is your only option. However, this is not necessarily the case, and in fact, you may not be eligible to file this claim at all. Instead, your best bet may be a personal injury claim. With that being said, please read on to discover the distinctions between workers’ compensation and a personal injury claim, and how a seasoned Miami-Dade County injury lawyer at the Law Offices of Gonzalo Funes, PA, can help you pursue the right legal path toward financial relief.
What’s the difference between workers’ compensation and a personal injury claim?
Firstly, workers’ compensation is a no-fault insurance system that provides compensation for things like medical care, lost wages, and even disability benefits to employees injured on the job. To reiterate, due to the no-fault standard, it does not matter if an employee was partially to blame for their accident, and they do not have to prove their employer’s negligence. Instead of looking at it like a lawsuit, it is more like filing a request for benefits from their employer’s insurance company.
Contrastingly, a personal injury claim requires that fault be established. As the plaintiff of one, an employee has a burden of proof to establish that another party’s reckless behaviors or actions caused their workplace accident and subsequent injuries and damages. Here, the at-fault party may not be the employer, but a third-party contractor, machinery manufacturer, vehicle operator, etc. When pursuing this legal case, an employer may fight for compensation beyond what a workers’ compensation program can offer, the most notable one being pain and suffering.
How do I know if to file for workers’ compensation or a personal injury claim?
Generally speaking, most Florida employees are covered by a workers’ compensation program. You should still review your employee handbook and company policies for safe measures. Plus, you should confirm your employment classification is not explicitly excluded, such as if you are an independent contractor. Lastly, you should ensure that you have sufficient proof that your accident occurred during the course of your employment (i.e., while you were performing a work-related activity).
Otherwise, you may turn to a personal injury claim. Of note, it is possible to qualify for your employer’s workers’ compensation program while also being eligible to file an injury claim against a negligent third party. If you end up recovering damages from this third party, though, your employer’s insurance company may have the right to seek partial reimbursement to minimize its repayment obligations. You should have a legal representative at this time, not only to coordinate both claims, but to ensure you end up with fair compensation.
Once you are confident with which legal claim to pursue, all that is left to do is contact a competent Miami-Dade County injury lawyer. Reach out to the Law Offices of Gonzalo Funes, PA. We look forward to hearing from you.
