Can I Sue Following a Workplace Injury in Florida?

workplace injury

Nearly three million employees are hurt on the job each year in the United States. In most cases, workers’ compensation is the primary remedy for workplace injuries. However, under certain circumstances, it is possible to file a lawsuit for a work-related injury. Below is an overview of the circumstances under which an employee can sue for injuries suffered while on the job. 

Florida Workers’ Compensation

Unless an employer deliberately injures an employee, workers’ compensation is the exclusive remedy for obtaining compensation from an employer for a work-related injury in Florida. This means that an employee can rarely sue his or her employer following an injury on the worksite. However, this does not mean that an employee can’t file a personal injury lawsuit against a third party for a work-related injury. 

Suing a Third Party 

If a third party is responsible for an employee’s work-related injury, the employee may sue the third party outside of workers’ compensation. Common accidents suffered by employees that can be attributed to third parties include: 

  • Dangerous equipment accidents: Many types of jobs, particularly jobs in the construction industry, require the use of dangerous equipment. If an employee is injured by a piece of equipment while on the job, he or she may have a third-party liability claim against the owner or manufacturer of the device. 
  • Premises liability accidents: When an employee is injured due to the unsafe condition of a worksite, he or she may be able to file a premises liability claim against the property owner. 
  • Car accidents: If an employee is hurt while driving for his or her job due to the negligence of another driver, he or she may be able to collector workers’ compensation and file a lawsuit against the other driver. If the other driver lacks adequate insurance to cover the employee’s losses, the employee can pursue a claim against his or her own uninsured/underinsured motorist coverage.

The Takeaway

Although workers’ compensation covers most workplace injuries, some situations require an injured employee to file a lawsuit against the employer or a third party. However, suing outside of workers’ compensation for work-related injuries can be complicated, so it’s important to always seek the guidance of an experienced Florida personal injury attorney after suffering an injury on the job. 

Contact Our Pensacola Personal Injury Attorneys 

If you’ve been injured on the job, you need an experienced Florida personal injury attorney on your side. At Staples, Ellis + Associates, P.A., we have over seventy years of combined experience representing injured employees in Florida. If you or a loved one has been hurt in a work accident in Northwest Florida, Staples Ellis is here to help you obtain the financial compensation you deserve. Please contact us today to schedule a free consultation with one of our talented Florida personal injury attorneys. 

Posted in: Personal Injury