Securing Benefits with a Workplace Injury Attorney
Injuries that occur in the workplace can become complex and drawn-out cases that require a workplace injury attorney. A lawyer from our firm serving Central Florida and Polk County, including Lakeland, Bartow, Winter Haven, and Haines City, can fight for your rights and defend you against negligent parties and predatory insurance companies. With the team at Moody Law on your side, you can improve your chances of securing the fair and just compensation you deserve. To learn more about how our attorneys can help you after a workplace injury, contact Moody Law today.
Types of Workplace Injuries
Workplace injuries can range from minor to severe and can happen in any type of workplace. Although construction and factory workers are at a higher risk of injury, employees who work in offices can suffer workplace injuries, too. Some of the most common types of workplace injuries include:
- Overuse injuries
- Head or back injuries
- Broken bones
Why are Workplace Injuries So Complex?
The state of Florida requires any company with four or more full- or part-time employees to carry workers’ compensation insurance. Despite the requirement to carry this coverage, not all employers do. On top of that, serious and catastrophic injuries may require more compensation and care than the employer’s insurance company is willing to provide. This can result in victims not receiving the proper care or compensation they deserve.
Florida’s No-Fault System
Many states in the U.S. operate on a no-fault system, including Florida. This means that if you were injured on the job, you do not have to prove that any person’s negligence or wrongdoing caused the injury. Instead, you need only prove that the injury occurred during the normal course of work-related duties. Proving that, you can receive workers’ compensation to cover your medical expenses and a percentage of your lost wages. You cannot file a lawsuit against your employer unless the employer does not carry workers’ compensation insurance.
Although construction and factory workers are at a higher risk of injury, employees who work in offices can suffer workplace injuries, too.
Workers’ Compensation vs. Third-Party Claims
In some cases, a third party may be responsible for the injury. This is common when products that workers use to perform their job malfunction or are defective. Third-party involvement can also arise when workers are involved in a motor vehicle accident while performing duties for work.
Workers’ compensation covers only your medical treatment and lost wages up to a certain amount. If a third party’s negligence was the cause of your injury, you may wish to file a lawsuit against that party. A successful lawsuit could result in full compensation for your medical treatment, long-term care, and loss of wages.
There are some drawbacks to workers' compensation claims, however. First, your third-party claim is a personal injury claim. This means you must prove the third party was at fault for your injury (unlike workers’ compensation). Second, if your claim is successful, you will have to reimburse your employer’s insurance company for any benefits you may have received up to that point.
Hire Our Workplace Injury Attorneys
Our team of attorneys can help you determine whether to pursue a workers' compensation or third-party claim. Call our office at (877) 883-9090 or contact us online today to set up an initial consultation with a member of our team. Once we review the details of your injury and the circumstances that caused it, we can help you secure the compensation you deserve.