Can You Sue If You Accept Workers’ Compensation?
“If you’re involved in a work accident in Miami, I frequently get asked by people, ‘While I have my workers’ compensation claim going, can I pursue a third-party or other lawsuit against the person at fault for my work accident?’ And the answer is yes. As long as that person wasn’t an employee of your employer, meaning that person didn’t work in your company, you can file a third-party claim against them. At Payer Law, we have experience handling both workers’ compensation claims and these third-party claims that come from your work accident. We know how to handle both at the same time. We will make sure that we maximize the value of the workers’ compensation case while also maximizing the value of your third-party case,”
James D. Payer.
What Is a Third-Party Work Injury Claim?
A third-party work injury claim is separate from Miami workers’ compensation claims and is treated as a personal injury case. It involves suing a party other than your employer, and you may pursue it even if you are already receiving workers’ compensation benefits.
If workers’ compensation covered your injury at work, you likely cannot sue your employer for the injury. A third party could be someone or a company that’s not your employer who caused your injury. In workplace accidents, a third party could be:
- Subcontractors on a construction site
- Negligent drivers who cause a work-related accident
- Property owners at a job location
- Manufacturers of defective tools or machinery that caused your injury
A critical part of a third-party work injury lawsuit in Florida is establishing fault. To succeed, you must show that the third party owed you a duty of care, breached that duty through negligence, and that this breach directly caused your accident and resulting injuries.
How a Third-Party Lawsuit Can Increase Your Compensation
If you were injured while working in Miami, most of your injuries should be covered by workers’ compensation, but you could still be eligible to file a Miami personal injury claim if a third party caused your injuries.
Workers’ compensation covers medical expenses related to the injury, and partially covers lost wages from time off due to the injury.
If you pursue a third-party work accident claim, you can recover more damages than workers’ compensation. You can recover economic damages, like loss of income or potential earning loss, medical expenses, and other out-of-pocket expenses, as well as non-monetary damages like pain and suffering, emotional distress, and loss of enjoyment of life.
Miami Work Accidents That Can Lead To Third-Party Claims
If there was any third party contributing to your workplace injuries or accident, you can pursue a personal injury lawsuit. Some third-party claims can come from the most common workplace accidents that happen in Miami, such as:
- Construction site accidents, like falls, machinery accidents, and accidents caused by another company’s unsafe work.
- Vehicle collisions during work, like crashes caused by delivery or truck drivers, are caused by non-employees.
- Slip-and-falls at customer or vendor properties.
- Defective equipment or machinery malfunctions.
- Occupational illness or repetitive stress from exposure to certain conditions or chemicals over time at work.
Managing Workers’ Compensation and Third-Party Cases
If you have both a Miami workers’ compensation claim and a third-party personal injury lawsuit, it would help your case to have an attorney. Having an experienced Miami personal injury attorney handle both cases ensures that legal strategies won’t conflict and will help secure the maximum recovery for both workers’ compensation and your lawsuit. Our attorney, James D. Payer and and our team will do everything to protect your rights and ensure payout after a workplace injury.
Discussing your case with our third-party injury claims lawyer after an injury or accident at work in Miami will help you determine all the legal options available and improve your chances of a successful claim. Payer Law has proudly served Miami workers for over 30 years, helping determine the value of their work accident case, identify all available compensation options to maximize their recovery.
Key Deadlines for Workers’ Comp and Third-Party Claims
Acting quickly to safeguard Miami workers’ rights to recover after a work injury resulting from someone else’s negligence is essential.
For third-party lawsuits and workers’ comp claims, there are different deadlines that you must file by for each type of case. All of these deadlines are strict, and missing one could result in losing eligibility for compensation.
There is limited time to file a personal injury lawsuit. The Florida statute of limitations establishes that the deadline to file a lawsuit is two years, beginning on the day the injury occurs or when you discover the injury.
The deadlines for filing a workers’ compensation claim in Florida require you to notify your employer within 30 days of being injured at work. After providing notice within 30 days, you’ll typically have two years from the date of your injury to file for workers’ compensation benefits.
Missing these filing dates or deadlines could forfeit your eligibility for benefits or compensation.
There is a different timeline if your third-party in a claim is a government entity. Before suing, you must submit a claim notice to the relevant agency within three years of injury or two years for wrongful death. The government has 180 days to investigate before you can file a suit. Acting early is essential, as missing or improperly submitting the notice forfeits your right to sue.
No matter the circumstances of your case, acting early will only help your case. It will allow your attorney more time to investigate the circumstances of the accident, determine a personalized legal strategy and protect your ability to negotiate with insurance.
Who Can Sue | When They Can Sue | Consequence if Missed |
Injured Worker | Within 1 year of injury | If not, carrier may move first |
Work Comp Carrier | Day 366+, after 30-day notice | They take over the right to sue |
Either Party | Up to 2 years (statute of limitations) | Claim barred after 2 years |
Contact Payer Law Today For Your Third-Party Work Injury Claim
James D. Payer and our legal team at Payer Law will manage your case deadlines, documentation and communication with insurance companies, through our aggressive representation, personalized service, and a deep commitment to holding negligent parties accountable. If you were injured at work in Miami and believe you have a third-party work injury claim, contact Payer Law today, and we can help you with a free consultation. You won’t see any legal fees unless we win your case.
Contact Payer Law today for a free consultation or call (305) 363-7099 with one of our Miami third-party work accident attorneys. It pays to call Payer.
