What Qualifies as a Workplace Accident in Florida?

Getting hurt on the job can turn your life upside down. Suddenly you're dealing with medical bills, lost income, and worry about what happens next. Many people assume workers' compensation is the only way to recover damages, however, just because you were hurt "at work" doesn't mean workers' comp is your only legal option. Florida workers' compensation law sets specific guidelines for which workplace injuries may qualify for benefits, but depending on who caused your injury, you may have a separate personal injury claim, too.

An experienced Florida workers’ compensation attorney at Kushel Law Group will communicate and keep you updated throughout the process, make sure your rights are protected, and fight to ensure you receive the full benefits and compensation you need to recover.

What Qualifies as a Workplace Accident in Florida?

A workplace accident is any injury or illness that happens while you're performing your job duties. If you're acting within the “course and scope of employment” you may be covered even if the accident occurs on the road, at a client's property, at a job site, etc. Common workplace accidents include:

• Slips, trips, and falls on the job
• Injuries from lifting, pushing, or repetitive motion
• Machinery and equipment injuries
• Crashes while driving for work
• Falling objects or unsafe worksite conditions

How Does Workers’ Comp Work in Florida?

Florida businesses with four or more non-construction employers, and construction companies with one or more employees must legally carry workers' compensation insurance. Workers' compensation helps cover the cost of medical treatment and replaces a portion of lost income when a work-related injury prevents you from working.

Florida's workers' compensation is a “no-fault system,” so you don't have to prove your employer was at fault to receive benefits. This means you usually can’t sue your employer or recover damages for pain and suffering after a work-related injury. Workers’ compensation benefits in Florida can cover:

• Medical treatment, including doctor visits, hospital care, surgery, emergency treatment, diagnostic tests, prescriptions, therapy, and other medically necessary care authorized by the workers' compensation insurance carrier.
• Partial wage replacement if your injury prevents you from working or limits your ability to earn income.
• Mileage reimbursement for eligible travel expenses to and from authorized medical appointments.
• Vocational rehabilitation if an injured worker can’t continue doing their previous job, so they may qualify for vocational training or job placement assistance.
• Permanent impairment benefits if you have a lasting impairment after reaching Maximum Medical Improvement (MMI), you may be entitled to additional benefits based on your impairment rating.
• If a work-related injury or illness resulted in a worker's death, eligible surviving family members may receive death benefits.

What Are Third Party Workers’ Compensation Claims?

A "third party" is a person or company other than your employer that could be legally responsible for your injury. If a negligent third party caused or contributed to your workplace injury, you may be able to file a personal injury claim in addition to receiving workers' compensation benefits.

Car Crashes While Working

If you were driving for work and another driver caused the crash, you could file both a workers' compensation claim and a personal injury claim. Workers' compensation can provide benefits for your medical treatment and a portion of your lost wages, and a claim against the at-fault driver would be to recover financial losses for damages not covered by workers' compensation.

Delivery, Rideshare & Commercial Vehicle Crashes

Delivery drivers, rideshare drivers (Uber or Lyft), and commercial vehicle operators spend the majority of their day on the road, which increases their exposure to potential collisions caused by traffic congestion, weather conditions, and roadway hazards. If another driver caused your crash, you can file a third party personal injury claim against another driver or their (that driver’s) employer if they were also on the clock.

Commercial crashes usually involve large insurance policies, multiple liable parties, and each of these entities may have their own insurance company and legal team working to minimize their responsibility. This is why you need an experienced Boca Raton accident attorney on your side so they can investigate the crash, and hold all liable parties responsible.

Negligent Property Owners

Some jobs require you to be on customers’ property like a construction worker, plumber, electrician, gardener, house cleaners, home health aides, etc. If a property owner fails to repair a hazard on their premises, and that hazard causes an accident, the owner could be liable for any injuries.

Subcontractors & Vendors

If a negligent subcontractor or vendor caused your accident, you could potentially have a third-party claim against that company, as well as workers' compensation benefits. Examples of negligence from a subcontractor or vendor include:

• A subcontractor doesn’t follow required safety procedures which creates hazardous working conditions.
• A subcontractor improperly installs or assembles scaffolding, ladders, or temporary structures that causes serious falls or structural collapses.
• A vendor brings hazardous materials, chemicals, or equipment onto a job site without proper labels, instructions, or safety warnings.

Defective or Dangerous Equipment

If a defective product, a poorly maintained or designed machine, or improperly installed equipment cause your injury, this could be a product liability claim against the manufacturer, distributor, or seller.

Unsafe Premises

Poor lighting, unmarked hazards, blocked exits, or unstable structures can all lead to serious injuries. When someone other than your employer owns, manages, or controls a property and fails to maintain safe conditions, you could file a premises liability claim against them.

Why Should You Hire a Boca Raton, Florida Workers’ Comp Attorney After an Accident?

While filing a workers’ compensation claim in Florida may seem straightforward, disputes are common, especially for repetitive stress injuries, off-site incidents, or if the condition was pre-existing. Insurance companies often try to deny or delay claims, which is why consulting an experienced attorney at Kushel Law Group as soon as possible is really important before presuming it is only a workers’ comp claim. We’ll explore whether they are avenues against another entity besides your employer.

Our attorneys will ensure your rights are protected, fight for the benefits and compensation you deserve, and that you’re updated every step of the way. Contact Kushel Law Group today to schedule a free consultation with our Boca Raton workers’ comp attorneys by calling us at 561-940-0100 or filling out our online form.

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FAQs

How long do I have to file a workers’ compensation claim in Florida?‍

Florida has strict deadlines for reporting a workplace injury and filing a workers’ compensation claim. You must report your injury to your employer within 30 days of the accident or within 30 days of when you knew (or should have known) that your injury was work-related. Failing to report an injury on time may affect your ability to receive benefits.

How much is workers’ compensation in Florida?

If you can’t work while recovering from your injury, you may receive wage-loss benefits. In Florida, temporary total disability and temporary partial disability benefits are calculated as a percentage of the employee’s average weekly wage.

Will filing a third-party claim in Florida hurt my workers' comp benefits?‍

Pursuing a third-party claim usually won’t affect your Florida workers’ compensation benefits, but it’s best to speak with an attorney at Kushel Law Group to discuss your claim.

What if I'm not sure who caused my injury?‍

You still need to report the injury to your employer, and an attorney at Kushel Law Group will start investigating your claim immediately to find out who contributed to your injury.