Under workers’ compensation, injured employees receive medical care, partial wage replacement, and vocational rehabilitation. In return, they cannot file a lawsuit against their employer. However, there are cases where a worker sustains a job-related injury due to the negligence of a third party, which accident victims may be able to file a third-party liability claim against. If you recover compensation from a third-party claim after accepting workers’ compensation benefits, Florida law may create a lien on that award so that your employer and insurer can be repaid.
Berlin Law Firm was designed with the intent of listening to your concerns and questions–we are eager to help you get the attention and help you deserve. As a result, we are among the most esteemed workers’ compensation lawyers in Florida. We can identify potential third parties in your case and recommend a personal injury lawyer if you have grounds.
Coordination of Benefits
Workers’ compensation benefits are limited in scope, covering medical expenses and a portion of lost wages. In contrast, a successful third-party liability claim can provide monetary damages for pain and suffering, emotional distress, and other losses.
To navigate this often-complex legal territory between the Florida workers’ compensation system and third-party claims, you need a skilled workers’ compensation attorney and potentially a skilled personal injury lawyer.
Discuss Your Work Injury Claim for Free
Learn the types of compensation you may be eligible for and have your questions answered. Call today.
Who Can Be Held Liable in a Third-Party Liability Claim?
Workers’ compensation is no-fault insurance. However, in third-party liability claims, the injured worker must prove that the defendant was negligent and thus liable. Florida’s statute of limitations for filing is generally two years from the accident date and liability depends on the specific cause of the injury.
For example, if you were injured in a work accident because of a product defect, the manufacturer of that item may prove liable. Perhaps the forklift brakes failed, resulting in a severe injury.
Third parties who may be liable include:
- Manufacturers: Many third-party liability claims in workers’ compensation cases relate to product liability.
- Service and repair facilities: A company may be liable for accidents if it fails to maintain equipment or conducts faulty repairs.
- Property owners: If a property owner fails to keep their premises safe for visitors or does not cordon off or post signage warning of onsite hazards, they may face a premises liability lawsuit, e.g., delivery workers may suffer a slip and fall on such properties during their work.
- Motor vehicle accidents: If you were on the job and seriously injured in a car accident, the driver who hit you, as well as other potential third parties, may be liable. However, it does not include accidents that occur while commuting to or leaving work.
- General contractors and sub-contractors: Construction sites are among the most frequent locations of on-the-job injuries. If they are not following Federal Occupational Health and Safety Regulations (OSHA) regulations and an injury occurs, they may face a third-party liability claim.
Workers’ Compensation Liens
If you receive compensation in a third-party liability claim related to your workers’ compensation case, the state of Florida may put a lien on your award. Those funds will repay your employer and its insurance carrier for the workers’ compensation benefits received.
Your award is reduced by the lien amount, but calculating this amount is complex. A workers’ compensation attorney is invaluable in negotiating with the insurance carrier for the best possible outcome.
Contact a Florida Workers’ Compensation Lawyer
At Berlin Law Firm, we work on a case-by-case basis. We personally and meticulously go through each case file and keep our clients informed at every step of the process. If you suffered an on-the-job injury but a third party may also be liable, an experienced Florida workers’ compensation attorney can advise you of your options. Schedule a free, no-obligation consultation today. You pay no fee unless you receive compensation.
Discuss Your Work Injury Claim for Free
Learn the types of compensation you may be eligible for and have your questions answered. Call today.
