Holding A Third Party Liable For Your Work Injury
In the vast majority of cases involving work injuries, an injured person’s medical care will be covered by their employer’s workers’ compensation insurance. However, there are situations where work injuries happen in unusual ways, and workers’ compensation may either not cover your injury, or you may have to repay some of the benefits you receive. This most often happens when a third party’s negligence plays a role in an employee’s injury.
Injuries Sustained Off The Premises
Not every employee performs their work on their employer’s premises at all times – many people work remotely in this day and age, or workers like delivery drivers are performing their jobs when they come and go from their home base. These are the workers who are perhaps most prone to being injured by the negligence of a third party, and if this happens to you, you may be able to file suit against them for the damages you have suffered.
For example, a delivery driver struck by a private vehicle while on the clock might have a case against that driver for negligence. Normally, Florida is a no-fault state when it comes to auto insurance, meaning that most road accident cases are settled via making a claim with one’s personal injury protection (PIP) or property damage liability (PDL) insurance, which is required for all Florida drivers. If the driver’s injuries are serious enough, they can instead file suit against the driver.
No Windfalls Allowed
If you are on the clock and you are injured due to the negligence of a third party, know that you have the right to file for workers’ compensation, but you are also permitted to file suit against the third party for the harm you have suffered. This is known as ‘dual capacity,’ and Florida’s legislature allows it because an injured plaintiff will often have serious financial needs at an early point; between lost wages and medical bills, an accident can create long-term problems.
That said, there may be a trade-off to this, and it is known as subrogation. Florida’s legislature is not inclined to grant windfalls to injured plaintiffs; in other words, if an injured person has their medical bills and lost wages covered from one source (for example, their PIP insurer), they may be required to reimburse that source if they later receive more money or benefits. So, if a person files suit against a negligent third party and prevails in court, but they have already received workers’ compensation benefits, they may have to pay back the workers’ compensation insurer.
Call A Maitland Workers’ Compensation Attorney
If you believe that you have been injured at work due to the negligence of a third party, know that you only have two years in which to file suit against them. A Maitland workers’ compensation attorney from the Hornsby Law Group can help you act quickly, and to gather your information so that you are better equipped to navigate the legal process. Contact our office today to schedule a free consultation.
Source:
flhsmv.gov/insurance/
