Workers’ Compensation vs Personal Injury Claims: What Florida Workers Need to Know
After a workplace injury in Florida, you may face a tough choice: file a workers’ compensation claim or sue for personal injury. Understanding the differences between these two legal avenues is crucial to securing the compensation you deserve.
Understanding Workers’ Compensation in Florida
Florida’s no-fault workers’ comp system gives injured employees medical coverage and partial wage replacement after a workplace injury. Florida requires most employers to carry this type of insurance coverage, according to the Florida Division of Workers’ Compensation. This system ensures that injured workers receive prompt medical attention and financial support without the need to prove employer negligence.
However, benefits are limited. They typically cover medical expenses and a portion of lost wages but do not compensate for pain and suffering or punitive damages. Additionally, Florida generally restricts employees from suing their employers for workplace injuries.
When to Consider a Personal Injury Claim
A personal injury claim may be appropriate when a third party’s negligence causes your injury. For example, if a defective product at work causes your injury, you may have a personal injury claim. The same applies if a negligent driver hurts you while you’re doing your job. Personal injury claims can cover the full range of your damages. This includes medical bills, lost wages, pain and suffering, and more—unlike workers’ compensation.
It’s important to note that you must prove the other party’s fault in personal injury claims. This process can take longer and be more complex than filing a workers’ compensation claim under Florida’s Chapter 440 Statutes. However, the potential for greater compensation may make it worthwhile in certain situations.
Contact Schwed, Adams & McGinley
Navigating the complexities of workers’ compensation and personal injury claims can be challenging. Schwed, Adams & McGinley, P.A. has over 200 years combined legal experience. We help you understand your rights and pursue the compensation you deserve. Our firm handles a wide range of personal injury cases, including workplace accidents. We offer free consultations to discuss your situation. If you or a loved one has been injured, contact us at 877-694-6079 or email contact@schwedlawfirm.com to schedule your free consultation.