Under What Circumstances Can You Sue for a Work Injury in Florida?
Suffering a serious injury at work can present a number of problems for a worker. Normally, an injured worker would be able to seek workers’ compensation from their employer due to suffering a work-related injury. However, some employers decide to fight back against a claim for workers’ compensation benefits, which leaves an injured worker in a precarious position. Fortunately, there may be other options to seek compensation. If you or a family member was injured at the workplace, contact an experienced Miami workplace injury lawyer as soon as possible. The Law Offices of Prosper Shaked is here to offer you the legal representation you need to seek workers’ compensation benefits for your injuries. We believe that no worker should be left without compensation for suffering a work-related injury, and we are here for you in your time of need. The Law Offices of Prosper Shaked explains what circumstances can trigger grounds for a work injury lawsuit in Florida.
When Should an Employee Sue for a Work Injury in Florida?
Workers’ compensation is a safety net for employees that could suffer a serious injury at the workplace. Normally, after being injured at work, an employee could submit an application for workers’ compensation benefits with their employer. However, some employers may find ways to avoid providing a worker with the benefits they deserve.
One way that an employer may avoid providing an employee with workers’ comp benefits is by alleging that the employee’s injury was not work-related. Work-related injuries are those that occur when an employee was performing a task for their employer that was within their scope of employment. For example, if a worker were operating heavy machinery when the equipment malfunctioned, they would be eligible for workers’ compensation benefits if they were injured as a result.
Injuries that occur outside the scope of a worker’s employment may not be considered work-related. For example, if a worker was injured on their commute to work, this may not be regarded as a work-related injury. It is also important to note that an accident that was purposely caused by a worker will make a worker ineligible for workers’ compensation benefits.
Some employers may try to blur the lines between work-related injuries and injuries that occurred outside the scope of employment. For example, if a worker was injured on property owned by the employer, an employer may attempt to argue that they were not performing a work-related task. Additionally, some employers may attempt to cut corners by failing to retain workers’ compensation insurance at all.
If your employer refuses to acknowledge your claim for workers’ compensation benefits, you should contact an attorney to discuss your legal options. To learn more about filing a personal injury lawsuit against your employer, continue reading and speak with an experienced Miami personal injury lawyer.
Proving a Work Injury Lawsuit Against a Florida Employer
If you suffered an injury at the workplace, it is likely that the injury could be imputed to an action or the inaction of your employer. Employers are responsible for providing workers with a safe workspace so that they can perform their job adequately. Unfortunately, some employers may cut corners or neglect to maintain their property.
There are many ways that a work injury can occur. For example, if a worker was involved in a slip and fall accident and suffered a broken pelvis because an employer failed to appoint workers to clean up spills promptly, the employer would be liable to the worker. That is why it is important to hold an employer accountable for their actions.
If you choose to pursue a personal injury lawsuit against your employer, you should be aware of the requirements to prevail in your case. Ordinarily, personal injury lawsuits are litigated on the basis of negligence. Specifically, the worker must show how the employer acted negligently in order to prove their case. To prevail in their case, a worker must prove the following elements to show negligence:
- The defendant (employer) owed the plaintiff (employee) a duty of care
- The defendant breached their duty of care to the plaintiff (e.g., failed to repair malfunctioning machinery)
- The plaintiff suffered an injury due to the defendant’s breach
- The plaintiff suffered an injury that is compensable by a court of law
After proving these elements, a plaintiff can be awarded damages for their lawsuit. Compensatory damages for a personal injury lawsuit can be divided into two categories: economic and noneconomic damages. Economic damages include expenses like medical bills, loss of wages, and other related costs. Noneconomic damages are awarded for issues like emotional distress or pain and suffering.
Our firm is dedicated to helping victims seek compensation against an employer that does not care about the health of their employees. We are ready to help you build your case against an employer that denied you workers’ compensation benefits.
Work with an Experienced Florida Workplace Injury Lawyer to Discuss Your Potential Case
If you or a family member was injured at the workplace and denied workers’ comp benefits, contact an experienced personal injury lawyer today. Personal injury lawyer Prosper Shaked has extensive experience litigating a broad range of work injury claims, and he is prepared to work with you. To schedule a free legal consultation to discuss your potential claim, contact The Law Offices of Prosper Shaked at (305) 694-2676. You may also contact the firm through our online submission form.