Workers’ compensation programs typically protect employers from any liability in injury cases. However, that’s may not be the case for other potentially responsible parties. Whether an individual works at a conventional office building or a trendy restaurant, many people come and go – and accidents can happen. If someone is injured at their workplace, they want to be compensated for their expenses, pain, and suffering, whether from an employer or a third party.
Third-Party Lawsuits
Workers’ compensation may not apply, so that a third-party lawsuit may be necessary. Third-party incidents occur when a party other than your employer causes an accident because of negligence or recklessness. There are situations when the injured party can receive workers’ compensation because of the accident and still be eligible to file a third-party lawsuit. To be successful with a lawsuit, the injured person must prove that the third party violated their responsibility for taking the necessary proactive steps to avoid causing harm to others.
Caveat: Any award won in a lawsuit is required to be utilized to pay back the benefits received from workers’ compensation. Therefore it is essential to get legal advice – is the effort of a lawsuit worth it?
Is There Any Occasion to Sue Your Employer?
Beyond an employer’s gross negligence or the actions of a third party, there are a few other circumstances that may merit a lawsuit. These include:
- No Workers Comp Insurance: Employers are required to provide workers comp insurance in Florida. Although the exact number of required employees varies by industry, most businesses with over a few employees must provide insurance for their employees. If your employee did not offer this coverage to you, you might find it necessary to sue your employer.
- Retaliatory Discharge: If you have been fired for filing a workers’ compensation claim, you may be able to sue your employer. However, it is not easy to prove that the reason you were fired was the filing itself. If there is a pattern of employees being fired after they filed a claim, it can be easier to prove.
- Assault by Your Employer: Workers comp insurance will not protect employers from liability if they assault an employee. An employee who is hurt due to an assault by their employer can sue for compensation above and beyond what’s included through workers comp, including potential punitive damages. However, you cannot sue an employer for an assault-related injury perpetrated by co-workers or other employees. If an employee wishes to sue for compensation in those situations, they would have to sue the individual who inflicted the harm directly.
Can Employers Be Sued for Negligence?
Workers’ compensation was created as an affordable and streamlined system to compensate employees injured on the job – without the need for time-consuming, expensive legal processes. The system provides both convenience and shortcomings. Employees are only allowed compensation for lost wages and medical bills. Workers’ compensation does not typically compensate for pain and suffering or punitive damages resulting from employer negligence. This is because by paying for the insurance in the first place – and providing employees coverage – employers are considered to have done their part to protect the employee.
If you were injured at your job but feel the circumstances are extraordinary and merit a lawsuit, call an experienced personal injury attorney. The legal team at Probinsky & Cole are ready, willing, and able to help you decide your best course of action. Call us today.
