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Can a Work Comp and Personal Injury Claim Be Filed Together?

Understanding Your Options in Work Injury Claims

Many Floridians injured on the job may not fully understand their rights and all the options they have available when it comes to recovering damages. If you've been injured in a workplace accident, here's what you need to know when pursuing compensation for your work injuries.

What's the Difference Between a Workers' Comp Claim and Third-Party Negligence Claim?

Workers' Compensation

In Florida, most employers are required to hold workers' compensation insurance to provide benefits to employees in an on-the-job injury. A workers' compensation claim is an "exclusive remedy" for the injured worker. This means that when you file a workers' compensation claim, you cannot pursue further litigation against the employer for negligent actions that resulted in your injury. However, if your work injuries result from intentional harm by your employer, or other employees, you may be able to pursue a negligence claim. If you believe that the injury you endured was due to egregious negligence, then speak to your attorney about your rights.

Third-Party Negligence Claim

In addition to a workers' compensation claim, you may also be entitled to receiving compensation in a third-party liability claim if your injuries were caused by an individual or other entity that caused your workplace accident. For example, you may hold manufacturing or design companies liable for your injuries if the equipment you used was defective and caused your work injury. Other examples of third parties that can be held responsible for a workplace injury are:

  • General contractors/ subcontractors
  • Property owners
  • Engineers/architects
  • Drivers

To learn more about third-party liability claims, read our related article: Who Can Be Held Liable in a Third-Party Work Injury Claim?

Hurt at Work? We Are Here For You

When a workplace accident causes a severe injury requiring intense medical care and therapies, it can make the experience painful. Still, it can also put financial stresses on you and your family. If you've been involved in a workplace accident, our personal injury attorneys are here to help you recover compensation for your medical costs. When you need to heal from your injuries, let us worry about dealing with the insurance company. Our attorneys are ready to protect your rights and give you the support you need when going through a difficult situation.

Contact Rosenberg & Rosenberg, P.A. today at (888) 499-6206 to schedule a free consultation.

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