Can You Sue After a Work Injury in Florida? Workers’ Comp vs Personal Injury Explained

Injured workers may find themselves in a challenging situation, trying to balance the recovery of their injuries with compensation options. Workers’ compensation in Florida is the most common type of compensation available to those who are injured on the job. In some cases, filing a personal injury claim is the best option. Understanding the differences between these two legal paths can help you decide what is best for your situation.

Can I file both a workers’ compensation claim and a personal injury case?

Florida law only allows workers compensation to cover employees who are injured on the job. Employees cannot generally sue their employers in tort for damages. This rule does not apply in the following cases:

When someone other than the employer is at fault for an injury, this is called third-party liability.
When the employer is guilty of gross negligence or deliberate misconduct, there’s a risk to the workplace.

Trade-offs in workers’ compensation are:

Medical costs and lost wage can be covered without proving fault.
Most lawsuits filed against employers who provide workers’ compensation will be protected.

Balance was designed to protect employers from excessive liability, and provide fast relief for injured employees.

Florida’s “Statutory Employment Doctrine

Florida’s workers compensation law is heavily influenced by the statutory employer doctrine. Under certain circumstances, it can shield contractors and property owners from tort liability. Contractors may use the following defenses to protect themselves from employer liability.

The contract and property owner
Control is also known as management.
Subcontracting is when you subcontract work to someone else.
The injured worker was an independent contractor who performed work in the normal course of business.

The contractor will be considered a statutory employee if these conditions are met. The contractor becomes immune to tort claims. The injured employee can still receive workers’ compensation benefits.

Florida Workers’ Compensation Exclusions

Florida law excludes certain injuries from coverage by workers’ compensation. Florida law excludes some injuries from workers’ compensation coverage.

1. Self-Inflicted Injury

Employees who deliberately harm themselves do not qualify for benefits.

2. Intoxication and drug use: injuries resulting from intoxication or drug abuse

If the impairment of an employee is proven as a major cause of injury, compensation may be denied. As an example:

In MDS Labs v. WCAB Munchinski, compensation was denied where intoxication directly contributed to the injury.
Simple proof of intoxication does not bar compensation automatically unless there is a direct connection between the injury and the intoxication.

3. Violations Of Positive Work Orders

Employees who violate safety procedures or rules set forth by their employers may not receive benefits. For example, you can:

Employees who are injured because their employer has prohibited them from repairing equipment and have not been allowed to do so may not be eligible for benefits.

4. Personal Animosity is a cause of injury

An employee injured in a dispute that is unrelated to their work duties may not be eligible for workers’ compensation. Florida law excludes injury caused by third-parties motivated by personal animosity, and not related to employment.

When can you claim personal injury?

You may be able, in Florida, to file a personal injury lawsuit instead or in addition to a workers compensation claim. They include:

1. Third-Party Negligence

You can claim personal injury if your work injury was caused by someone else (not your employer). You can, for example:

The driver of a truck that delivers goods who is injured in an accident caused by another driver may sue him for personal injuries.

2. Employer Misconduct

A personal injury claim can be filed if the negligence of an employer is not ordinary. Examples include intentional harm or gross negligence. The Florida Supreme Court ruled in Turner v. PCR, Inc. that employees can sue their employers for intentional misconduct resulting in injury.

3. Workers Compensation Insurance

In Florida, employers are required to have workers’ compensation insurance. In Florida, employers are required to carry workers’ compensation insurance.

What is the difference in workers compensation and personal injuries?

Fault

Worker’s compensation: Benefits are paid without regard to the cause.
Personal Injury: To prove negligence or malicious intent, the defendant must prove personal injury.

Compensation

In some cases, workers’ compensation will cover medical expenses, lost wages and vocational rehabilitation. The compensation does not cover pain and suffering.
Personal injury: compensation for medical expenses, lost wages, and pain and discomfort.

Process

Workers’ compensation is a relatively quick and easy process, but the coverage is limited.
Personal injury can be a serious matter that may require litigation, but could result in a higher compensation.

What to do in the event of a Florida workplace accident

Report the Injury Notify your employer immediately as Florida law requires that injuries be reported within 30 calendar days.
Seek Medical Attention
Choose a doctor who is accepted by the workers’ compensation insurance of your employer.
Consult an attorney
If you think that the injury was caused either by a third-party’s negligence or your employer’s misconduct, consult an attorney. You may be able to file a claim for personal injury.
You can claim your right
Workers’ compensation claims in Florida must generally be filed within two (2) years. In Florida, personal injury lawsuits are limited to a four-year period.

The circumstances of your injury will determine whether you pursue a personal injury lawsuit or file a claim for workers’ compensation. Workers’ compensation in Florida is the only option for accidents at work. There are exceptions, however, when there is a third party involved or if the employer has committed misconduct.

A lawyer with experience can help you protect your rights and receive the compensation that you deserve. Understanding your options allows you to confidently navigate the process, whether through personal injury claims or workers compensation.

This post was written by a professional at Bonardi & Uzdavinis, LLP. Bonardi & Uzdavinis, LLP is a boutique, full service law firm providing its clients with a wide range of representation. Our primary areas of practice include real estate, probate, personal injury, construction, and commercial litigation. If you are looking for a real estate attorney or st petersburg personal injury lawyer contact us today for a case evaluation today!