Are you one of the millions of people in the state of Florida who find work through a job placement agency?
If so, it’s important that you understand the terms and conditions of your agreement. This is particularly true when it comes to your legal rights in the Florida workplace.
Here’s one of the most common questions we receive: can I sue a job placement agency’s client if I am injured while working for the client?
Unfortunately, there’s no simple answer to this question. Instead, it depends on a variety of factors, including the steps that you take after your Florida work accident.
What should you do if you suffer work injuries while employed through a job placement agency?
You do your best to prevent workplace accidents and injuries, but that’s not always good enough. There’s always a chance you could suffer an injury at work, even if you’re extremely safe at all times.
Should this happen, here’s what you need to do:
- Stay where you are and stop working: Don’t attempt to work through the pain with the hope that you only have a minor injury. Should you do this, it can result in additional injuries, thus making the recovery process an even bigger challenge.
- Report the injury: Since you’re working through a job placement agency, you should report your injury to two parties: The on-site employer and the agency you’re working through.
- Receive medical treatment: Even if you suspect minor injuries, you never know what’s happening internally until you visit a qualified medical professional. There may be serious injuries that you can’t see. For example, the symptoms of a concussion don’t always present right away. It may be several hours before you begin to feel poorly.
Can you sue the job placement agency or client company for your work injuries?
After you receive a diagnosis and understand the potential outcome of your work injuries, you can turn your attention to your ability to work both in the short and long-term.
If your doctor suggests that you take time off from work, it’s critical that you do so. Neglecting to listen could worsen your work injury and potentially make it more difficult for you to recover in a timely manner.
Of course, this leads to an important question: How will you care for yourself and your family financially during this challenging time of your life?
This is when you’ll begin to think about two things:
- Filing a lawsuit against the job placement agency and/or its client company
- Filing a claim for Florida workers’ compensation benefits
In most cases, you’re unable to bring a lawsuit against the placement agency or its client. So, with that option off the table, you should turn your focus to the Florida workers’ compensation claims process.
There are a few things you can do to protect against a workers’ comp claim denial:
- Immediately report the injury to the job placement agency and its client
- Receive medical attention and follow the treatment plan outlined by your doctor
- File a claim for workers’ compensation benefits (generally within 30 days)
What if you receive a denial of your Florida workers’ comp claim?
Even if you have a clear-cut claim, there’s always a chance that it could be denied. And if that happens, you’re in a real bind. Not only are you unable to work, but you’re also not receiving benefits. This can put a strain on your finances.
This should lead you to file an appeal. Here are some important questions to ask as you prepare to do so:
- What was the reason for the denial?
- How long do you have to file an appeal?
- What information can you provide to improve your odds of approval?
- How many times can you appeal a Florida workers’ comp denial?
With so much going on in your life, the last thing you want to receive in the mail is a workers’ compensation denial letter.
As frustrating as it may be, you’re not out of luck. You can (and should) continue to fight until you receive compensation for your work injuries.
Since the Florida workers’ compensation system is so complex, it’s critical to consult with a Florida workers’ comp attorney early in the process.
By contacting a Florida workers’ compensation attorney, you’ll come to better understand your legal rights and how the system works.
And best yet, you can focus on your health, while your legal team focuses on helping you obtain max compensation for your work injuries and lost wages. Give Scott J. Sternberg & Associates, PA a call today to schedule your free consultation, or visit our offices in West Palm Beach, Boca Raton, or Orlando.