Boca Raton Workplace Injury Lawyer
When you suffer an injury at work, you will likely face numerous consequences, including medical expenses, lost wages, and personal pain and suffering. Fortunately, you are not on your own in this battle. There are avenues available for you to seek compensation that can help you with your financial security.
Normally, this must be done through Workers’ Compensation insurance. This is not an ideal path, as Workers’ Compensation does not provide as much in the way of compensation as lawsuit damages. However, there are certain situations where workplace injury victims can instead pursue their case in court.
At The Carrion Law Firm, our Boca Raton workplace injury lawyers can help you identify the best path for your recovery. To get your first case assessment at no charge, call our offices today at (718) 841-0083.
Rules on Workers’ Compensation Insurance in Boca Raton
Workplace injuries are slightly different than personal injuries suffered elsewhere in Boca Raton. This is because the State of Florida makes the Workers’ Compensation claim the exclusive remedy for workers who are injured on the job. This applies whether there was no fault involved in the accident or the employer or supervisor’s negligence was to blame.
This law creates both positives and negatives for injured workers. To recover compensation through a Workers’ Compensation claim, there is no need to prove that any individual person or entity was to blame for causing the accident. It is enough to show that you suffered the injury while performing under the scope of your job duties.
However, if you are successful in your Workers’ Compensation claim, you will only be able to recover what is permitted under your applicable policy limits. Generally, this includes up to a certain amount of medical bills and lost income for time missed at work while recovering from the injuries you sustained. What this does not account for is the mental and emotional pain and suffering that your condition causes. Compensation for these very real harms are only available through a lawsuit.
There are certain exceptions that can allow a person who suffered injury at work to file a lawsuit against the person or entity responsible. Therefore, you should always consult a Boca Raton workplace injury attorney about whether your situation fits into any of the special circumstances discussed below.
Exceptions to the Exclusive Remedy Rule for Boca Raton Workplace Injuries
There are only a few instances where workers who are injured on the job can pursue compensation through a lawsuit as opposed to a Workers’ Compensation claim. However, it is important to identify if these exceptions apply to you, as a lawsuit is a much more valuable option than an insurance claim where available.
Third-Party Liability
Not every accident at a workplace is the fault of the employer. In some cases, third parties may be responsible for causing an accident. If the party whose negligence resulted in your accident was not your direct employer, you likely can file a lawsuit against them, regardless of whether the accident occurred at your place of work. This is particularly common on construction sites, which often involve work from numerous subcontractors such as electricians, plumbers, and scaffolding installers.
Intentional Endangerment
If an employer or supervisor intentionally causes harm to an employee at the workplace, they may be liable for the employee’s harms. However, it can be challenging to prove intent in these cases. If you believe that your accident or injuries may have been caused intentionally by your employer or coworker, be sure to discuss this possibility with your Boca Raton workplace injury lawyer.
No Workers’ Comp Coverage
The Workers’ Compensation exclusive remedy rule only works because the State of Florida makes it law for employers to obtain coverage if they have at least one employee. If your employer broke the law and did not retain Workers’ Compensation coverage for you as an employee, your only opportunity to recover may be through a lawsuit.
Damages for a Boca Raton Workplace Injury Lawsuit
As mentioned above, workplace injury lawsuits are preferrable to Workers’ Compensation claims because of the additional damages that you can seek. Without specific information about the injury victim, their condition, how it affects them, and the nature of the accident, it can be difficult to predict how much a given case could be worth. Our Boca Raton workplace injury lawyers detail below how courts will evaluate a plaintiff’s harms for the purposes of awarding damages.
Medical Expenses
When you suffer serious injury, you will need serious medical attention to treat it. This care comes at a substantial cost. All aspects of your medical treatment related to your workplace injury will be compensable, including hospital fees, surgeries, physical therapy, specialist care, and prescriptions.
Lost Income
Dealing with mounting medical bills is hard enough when you are capable of working. However, many workplace injury victims find themselves unable to perform the functions of their job while their injuries linger. If your condition causes long-term or permanent limitations, you can also seek compensation for your decreased earning potential and other consequences.
Pain and Suffering
Your condition may impact you in ways that aren’t necessarily apparent from a financial perspective. Some injuries may leave victims in chronic pain or physical discomfort that can impact their day-to-day function and ability to enjoy life as they had prior. Some may develop psychological conditions after their accident like anxiety, depression, or post-traumatic stress disorder (PTSD). These are compensable harms just like any bills that you might incur, but estimating the appropriate amount of compensation may be difficult without the help of a Boca Raton workplace injury attorney.
Get Help from a Boca Raton Workplace Injury Attorney Today
To learn more about your case and how The Carrion Law Firm can help you, call our dedicated Boca Raton workplace injury lawyers at (718) 841-0083 to get a free initial case assessment.