When it comes to workplace injuries, employees are required to pursue a workers’ compensation claim. There may also be a personal injury claim that can be pursued if there is a third party that is responsible for the injuries who is not a co-employee.
In Florida, both of these options exist to protect workers and provide them with financial compensation for their injuries. However, there are key differences between the two that can significantly impact the outcome of a case. In this blog post, we’ll explore the differences between workers’ compensation and personal injury claims in Florida.
Workers’ Compensation Claims in Florida
Workers’ compensation is a no-fault system that provides benefits to employees who are injured on the job. In Florida, most employers are required by law to provide workers’ compensation insurance to their employees. If an employee is injured on the job, they can file a claim with their employer’s workers’ compensation insurance company to receive benefits such as medical care, rehabilitation expenses, and lost wages per statute. One of the major differences between workers’ compensation and personal injury claims is that in a workers’ compensation claim, the injured employee is not required to prove that their employer was at fault for their injury. As long as the injury occurred while the employee was performing job-related duties, they are generally eligible for workers’ compensation benefits. However, there are limitations on the benefits an employee can receive under workers’ compensation.
Personal Injury Claims in Florida
Personal injury claims, on the other hand, are filed against a third party who is responsible for the employee’s injury. For example, if an employee is injured while driving a company vehicle and the accident was caused by another driver, the employee may be able to file a personal injury lawsuit against the other driver. Personal injury lawsuits are not limited to workplace injuries and can be filed in any situation where someone is injured due to another party’s negligence. In a personal injury lawsuit, the injured party must prove that the other party was negligent and that this negligence caused their injury. If successful, the injured party may be able to recover damages for medical expenses, lost wages, pain and suffering, permanent damages, and other intangible elements of damages related to the injury.
In summary, the main difference between workers’ compensation and personal injury claims is that workers’ compensation provides benefits to employees regardless of fault, while personal injury claims require the injured party to prove negligence on the part of the responsible party. Both options have their pros and cons, and the best course of action will depend on the specific circumstances of each case. If you have been injured on the job or in any other situation, it’s important to speak with an experienced attorney who can help you understand your rights and options under Florida law.
At De Cardenas, Freixas, Stein & Zachary, P.A., we have extensive experience in both workers’ compensation and personal injury claims and will help to ensure you have all the documentation and evidence that you need to properly file all claims associated with your accident. Call us today for a free consultation