The Bureau of Labor Statistics reported that in 2022, 2.3 million workplace injuries were reported across the nation. Here in Florida, accidents while on the job take the lives of hundreds of people while leaving thousands more injured every year. Being involved in a workplace accident can be life-altering. Not only do painful injuries impact your physical well-being, but they can also affect your financial security.
While Worker’s Compensation benefits are designed to provide relief for individuals who are harmed on the job in Florida, it is imperative that you understand your rights should you be harmed in an accident due to third-party negligence. Our Florida work injury attorney will be able to help you take action and recover the benefits and compensation to which you are entitled.
Taking Action Under Dual Capacity
After being injured in an accident while on the job, workers are able to file workers’ compensation claims to secure financial compensation for their lost wages. These benefits also provide medical coverage and various other benefits to help injured parties during the recovery process.
In cases where workers are harmed as a result of third-party negligence, they have the ability to file third-party claims based on the legal principle known as “dual capacity.” This doctrine enables injured workers to file personal injury claims against third-party actors, regardless of whether or not they receive workers’ compensation benefits from their employer. This doctrine ensures that injured workers are able to hold third parties accountable for the injuries they suffered if the third-party actors are the cause.
Third-party claims are typically filed in cases where workplace injuries were a result of the wrongful actions or negligence of a party other than a coworker or an employer. In these situations, claims are often filed against property owners, subcontractors, manufacturers, contractors, and other parties whose negligence contributed to the injuries that victims suffer. With the assistance of a Florida work injury attorney, you will be in the best possible position to maximize your recovery.
The Difference between Workers’ Comp Claims and Third-Party Claims
Each of these legal actions is important for a variety of reasons. A workers’ compensation claim is designed to provide lost wages and medical coverage to workers who are harmed while on the job. Alternatively, a third-party personal injury claim helps injured victims recover compensation for some of the noneconomic damages that they face. This can include:
- Emotional distress
- Pain and suffering
- Loss of enjoyment of life
- Mental anguish
- Scarring and disfigurements
These and other non-economic damages are not recoverable in workers’ compensation claims. For this reason, it is vital that injured workers file personal injury claims against those who are responsible should they be harmed on the job due to a third party. Seeking guidance from our workers’ comp lawyers in West Palm Beach can ensure you have the best chance of getting justice.
Situations When a Third-Party Claim Be Filed
There are several situations that can result in the filing of a third-party personal injury claim by a worker. These include:
Exposure to Hazardous Materials
If you were injured as a result of being exposed to hazardous chemicals or materials while on the job, you may be able to file a claim against a distributor, a supplier, or a manufacturer. This is typically done in situations involving inadequate safety warnings, labeling, or defective designs.
Independent Contractor Situations
If a vendor or an independent contractor caused your injury as a result of their negligent actions, our Florida work injury attorney can help you file a claim against them due to their role in the accident.
Delivery Accident
If you were involved in an accident while transporting goods or making a delivery while on the job, and another person’s negligent or reckless actions caused the accident, you may have a valid claim against the driver’s insurance company.
Negligent Property Owner
If you were injured as a result of an accident that occurred on another person’s property while you were performing job-related duties, you may be able to take action against the property owner if they failed to maintain a safe environment.
It is important that you reach out to our workers’ comp lawyers in West Palm Beach to discuss your legal options.
Call our Florida Work Injury Attorney Today
Navigating the personal injury claims process after being injured while on the job in Florida can be a challenging task. However, with the proper legal representation, you will be in a much better position to hold the negligent party accountable for their actions. Our Florida work injury attorney at Sternberg | Forsythe, P.A. is dedicated to advocating for injured workers’ rights and providing them with the necessary support throughout the process.
We understand the challenges faced by injured workers and are ready to help guide you through the process. From reporting injuries promptly to handling disputes and appeals, our experienced lawyers will fight for your rights and ensure you receive the benefits you deserve. Contact our dedicated workers’ comp lawyers in West Palm Beach today for a free consultation, and let us help guide you through the complex world of workers’ compensation.