Have you sustained an injury working in construction? If so, by filing a workers’ compensation claim with a Florida workers’ comp lawyer, you can receive a settlement amount that covers your medical expenses.
The compensation amount you receive can also pay for wage losses you will incur during recovery. Most importantly, the compensation can offset any other financial burden you may have shouldered en route to physical and occupational recovery.
Of course, you can receive more if you can prove liability. Pursuing a claim with an argument of liability can be challenging in Florida. Luckily, this is where a workers’ comp lawyer comes in.
Find out more about Florida’s laws on liability for subcontractor injuries. Also, read on to learn what you can hold employers and other parties liable for to get more out of your compensation claim.
Florida’s No-Fault Policy and Why It’s Important to Your Claim
When it comes to work-related injuries, Florida is a no-fault state. What this means is that parties who have sustained injuries do not need to prove liability to be eligible for compensation. Also, the severity of the injury and the amount set by the state in accordance with the injury is the basis of the settlement’s calculation. Comparative negligence does not apply.
The state’s no-fault policy is an important consideration for your claim because it exonerates your employer from liability. However, it does not excuse your employer from compensating you for your injuries. Your employer is not liable but still has to pay workers’ compensation.
Who Pays Workers’ Compensation If Employers Are Not Liable?
Since your employer is not liable due to the state’s no-fault policy, your employer does not pay you with the company’s money. Rather, your employer pays compensation through an insurance provider. The insurance provider provides your employer worker’s compensation insurance.
Workers’ compensation insurance does two things. First, it gives your employer a way to pay for your medical expenses. It’s also what your employer uses to pay for any rehabilitative treatment if you need any. The workers’ compensation insurance also covers the wages you would have made had it not been for the accident.
The second benefit of workers’ compensation insurance is that it protects your employer from a personal injury lawsuit. Indeed, Florida is a no-fault state when it comes to work-related injuries. However, it’s a different story for personal injury lawsuits. Without workers’ compensation insurance, your employer can be sued for personal injuries if held liable for the injury.
Can an Employer or Contractor Be Liable for Not Carrying Workers’ Compensation Insurance?
Florida’s no-fault policy might make it seem like employers are immune from liability. However, this is not always true. Employers can be liable when they do not carry workers’ compensation insurance.
Workers’ compensation insurance is a requirement for all employers in Florida. The reason it is mandatory is that it protects both the employer and employee. It protects the employee from not receiving compensation. Likewise, it protects employers from digging into company funds to pay for compensation. It also saves employers from personal injury lawsuits, as mentioned earlier.
At times, employers tend to operate without workers’ compensation insurance. This occurs for one of two reasons. It’s either the employer will purchase insurance midway, or the employer chooses to forgo it. Either way, any injury on-site without workers’ compensation insurance makes them liable for injuries.
If you’re injured on-site and you have found that your employer does not carry workers’ compensation insurance, you can file a personal injury claim. Call a Florida work injury lawyer if you have found your employer without workers’ compensation insurance following your injury.
Can Third Parties Be Held Liable in Florida?
Besides employers who do not carry workers’ compensation insurance, third parties can be held liable for injuries. Florida’s laws define third parties as companies or individuals not included in a work contract or agreement. Under this definition, one example of a third party is an equipment manufacturer.
Equipment manufacturers are third parties because these companies do not need to enter a work agreement with your employer for their equipment to be on-site. Nevertheless, negligence on their part in creating a piece of equipment can result in injuries for employees. For this reason, they retain liability for any injury resulting from their defective equipment.
Proving third-party liability is one way to maximize your compensation amount. However, since you will be dealing with a company, pursuing an injury claim will be challenging. If you have been injured as a result of defective equipment, get in touch with a Florida work injury lawyer.
How Long Do I Have to Pursue My Workers’ Compensation Claim?
For work-related injuries, Florida has a statute of limitation for claims. The statute of limitation is two years. This means that you have two years from the date of your injury to file your claim.
However, you must report work-related injuries as soon as possible to your employer. According to Florida’s statutes, you need to inform your employer of your injuries within 30 days. This can give your employer enough time to settle matters with the workers’ compensation insurance provider on your behalf.
While it’s possible to pursue a claim beyond the two-year statute of limitation, it will be challenging to do so. For this reason, it is best to file the claim and inform your employer as soon as possible. Even more preferable is doing so with a Florida workers’ comp lawyer in your corner.
Have You Been Injured on the Job? Get the Right Compensation Amount With a Florida Workers’ Comp Lawyer
A work-related injury can decrease the quality of your life if it is severe enough. For this reason, you need workers’ compensation to offset any financial burdens resulting from your impairment.
If you have been injured on the job and are being denied a claim, call us for a free consultation today. Get excellent legal counsel and representation from experienced workers’ comp lawyers in Florida today.