Workers Compensation Claims
If you have been injured on-the-job, your claim will be covered by your employer's workers compensation insurance. Unless your employer has less then five people employees, or you are an independent contractor, workers compensation insurance is required by your employer. It is very important that you immediately report your on the job injury to your supervisor. It is also important that a Notice of Injury be completed by the employer.
Under Florida law, if you are eligible for workers compensation benefits due to injury you sustain on the job, you will not be able to sue your employer for pain and suffering damages. Your employer will be required to pay for your medical care and 66% of your lost wages. In exchange for this payment, a suit or claim against your employer for pain and suffering is not allowed by Florida law.
However, if your on-the-job injury was caused by somebody who was not employed by your employer, you may have what is called a third-party claim in addition to your workers compensation claim. An example of a third-party claim is as follows: if you driving for your job and are involved in a car accident, you may have both a workers compensation claim and a third-party claim (against the person who caused the accident). Since you were hurt on-the-job, your employer would pay for your medical care and 66% of your wages if you are required to miss any work. You would also have a potential case against the person, or third-party, who caused the accident. Under the proper circumstances, you might be able to recover your pain and suffering damages from the third-party who caused the accident. This is what is meant by a third-party case.
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