Can I Sue My Employer after My Florida Workplace Accident?
When you are injured in a workplace accident in Florida, there is no fault assigned to your accident. Meaning, it doesn’t make a difference if you contributed to your accident or not, you can still file a Florida workers’ compensation claim for benefits. In general, when you are injured at work in the state of Florida you can pursue workers’ compensation benefits but not a civil lawsuit against your employer. While this is true for the majority of cases, there are exceptions.
To get a better understanding of your legal options when it comes to workers’ compensation benefits and personal injury lawsuits, call Stephen M. Andrews. Stephen M. Andrews is a Florida workers’ compensation attorney that can review your case and provide you with the best options to pursue compensation.
When Can an Employee Sue their Employer after a Florida Workplace Injury?
For most injured workers who sustained their injuries while on the job, reporting their incident to their employer and then filing a Florida workers’ compensation claim will be the means by which they can obtain compensation. In limited situations, when an injured employee has been treated especially unfairly during their workplace accident there may be other legal options. On these rare occasions, a victim may have the right to file a Florida personal injury claim. Some qualifying situations include:
- If an employer intentionally tried to harm their employee and acted in a way or set a situation up to deliberately cause harm.
- If an employer’s behavior was so clearly bad that there was a “virtual certainty” you were going to be harmed a suit could be warranted. In this situation, if an employer was warned about a dangerous situation many times and told to fix it but disregarded the warnings and did nothing or tried to cover up the danger “virtual certainty” may be present. Proving a case with “virtual certainty” is no easy task and the success rate for a claim with “virtual certainty” is not high.
- If your claim was unfairly denied you may have a case for a suit. Some ways a claim can be unfairly denied include:
- Your employer did not inform the insurance company of your accident in the required amount of time
- Your employer argues that your accident and injuries did not take place at work
- Your employer misrepresents your accident details or those about your injury
- If your employer lacks sufficient workers’ compensation coverage to pay for your damages, then you have the right to sue the employer directly.
Stephen M. Andrews has been practicing Florida workers’ compensation law for more than 35 years and he has seen countless cases of workers being treated unfairly by the companies that employ them. Stephen M. Andrews has extensive experience fighting for injured workers’ rights and he will do the same for you if you are struggling to get the Florida workers’ compensation benefits you deserve.
Speak to a Florida Workers’ Compensation Attorney Today
Stephen M. Andrews is a Tallahassee workers’ compensation lawyer who will help you obtain the maximum amount of benefits after your Florida workplace accident. Call Stephen M. Andrews today to speak with a resourceful Florida workers’ compensation attorney at (850) 906-9599 during a free, no-obligation consultation.