Here's what many injured workers don't realize: if someone other than your employer caused your injury, you may have a third-party claim in addition to workers' compensation benefits.
Workers' comp provides limited benefits—medical care and partial wage replacement. It doesn't cover pain and suffering. It doesn't provide full compensation for permanent injuries. And it has strict caps on what you can receive.
A third-party claim is different. When a negligent third party causes your workplace injury, you can pursue full compensation—including pain and suffering, full lost wages, and damages that workers' comp doesn't cover.
Danielle Kushel helps workers throughout South Florida understand when third-party claims apply and fights to maximize their total recovery. She takes particular pride in representing law enforcement officers and other frontline workers—professionals who put themselves in harm's way to protect our community and deserve fierce advocacy when they're injured.
When your child is hurt, your instinct is to focus entirely on them—as it should be. But these steps can help protect their legal rights:
If you're injured in a car accident while working—whether driving a company vehicle, making deliveries, or traveling between job sites—and another driver caused the crash, that driver is a third party. You can pursue a claim against them in addition to workers' comp.
If a defective tool, machine, or product caused your injury, the manufacturer or distributor may be liable as a third party, separate from any workers' comp claim against your employer.
Defective playground equipment, inadequate supervision, and unsafe recreational facilities can cause devastating injuries to children. Property owners and facility operators have a duty to keep children safe.
On multi-employer job sites, negligence by another company's employees can give rise to third-party claims. This is common in construction, but applies to any situation where multiple companies share a worksite.
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If you're injured in an assault at work due to inadequate security provided by a property owner or security company (not your employer), you may have a third-party claim against those responsible.
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You should still file a workers' compensation claim—these benefits are available regardless of fault and provide immediate medical coverage and wage replacement.
Danielle investigates your accident to determine whether any third parties may be liable. This requires understanding exactly what happened and who had a duty to prevent your injury.
A third-party claim proceeds like any personal injury case—we must prove the third party was negligent and that their negligence caused your injuries. This claim is separate from workers' comp.
There are legal rules about how workers' comp benefits and third-party recoveries interact. In some cases, your employer's workers' comp carrier may have a lien on your third-party recovery. Danielle navigates these complexities to maximize your total compensation.
Law enforcement officers face unique risks every day. When those risks result in injury due to someone else's negligence, officers deserve attorneys who understand their profession and will fight for their full recovery.
Common third-party claims for LEOs include:
Assaults: When negligent security or other third-party failures contribute to officer assaults
Why this matters to us: Danielle is married to a law enforcement officer. She understands the unique sacrifices officers and their families make. She's seen firsthand the physical and emotional toll the job takes. When an officer is injured due to someone else's negligence, she fights with everything she has to ensure they receive the compensation they've earned.
If you've been injured on the job—especially if a third party may be responsible—take these steps:
Florida law requires you to report workplace injuries to your employer within 30 days. Do this in writing if possible, and keep a copy for your records.
Get the medical care you need. For workers' comp, your employer may direct you to specific providers initially—but for a third-party claim, you can choose your own doctors.
Even if a third party caused your injury, file for workers' comp. These benefits provide immediate medical coverage and partial wage replacement while your third-party claim proceeds.
Keep records of how the accident happened, who was involved, what equipment or conditions contributed, and any witnesses. Take photos if possible.
If defective equipment or unsafe conditions contributed to your injury, that evidence needs to be preserved. An attorney can send preservation letters to prevent evidence destruction.
Workers' comp attorneys and personal injury attorneys handle different types of claims. If a third party caused your injury, contact a personal injury attorney to evaluate whether additional claims apply.
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If you were hurt at work due to someone else's negligence, you may have claims beyond workers' compensation. Danielle Kushel helps injured workers—especially law enforcement officers—understand their full rights and fight for maximum recovery.
Free consultation. No upfront costs. An attorney who understands what you're going through.
Every case begins with a conversation. Tell us what happened, and we'll let you know how we can help. No pressure, no obligation—just honest answers about your situation.
