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When Your Workers Comp Claim is Also a Personal Injury Claim

We’ve discussed before, some of the differences between workers’ compensation and personal injury cases. Knowing these differences can help you manage your expectations and also ensure that you contact the appropriate attorney. 

However, there are instances where an accident that occurs at work also involves a third party, making it both a workers’ compensation claim and personal injury claim. For example, let’s say you deliver donuts to a grocery store for a living. One day, while delivering fresh donuts in the store, you suffer an injury due to the store’s broken pipe that leaked water onto the floor and caused you to slip and fall. In this situation, you may have a claim against the store as well as a workers’ comp claim.

If you find yourself in a situation like this, you should consult an attorney right away. You should follow our recommendations about reporting the accident to your employer and seeing a doctor. Then contact Florida workers’ comp attorneys like us. While the workers’ comp claim can be filed through the usual means, because an accident like the one described above involves potential third-party actions, there is a heightened level of urgency and failing to contact an attorney immediately could be detrimental to your claim.

An investigation may be required to document the 3rd party claim (photos, diagrams, witnesses, and verification of how it happened and why), so time is of the essence because it is not as easy to investigate or ensure preservation of evidence after the scene of the accident has changed and potential witnesses are gone and can not be identified.  

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.