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Things to Know About Suing Your Employer in Florida: Insights from a Workplace Injury Lawyer in Lakeland, Florida

Workplace Injury Lawyer in Lakeland, Florida

After suffering a significant injury while working, people often wonder whether suing their employer is the right course of action. If you live in the State of Florida, the answer is usually no — however, there are some exceptions that may allow you to pursue legal action against your employer.

In Florida, like in many other states, there’s a system called workers’ compensation. This system functions similarly to insurance that your employer pays for. Should you sustain an injury on the job, workers’ compensation would provide financial assistance for your medical bills and even some of your lost wages if you weren’t able to work because of your injury.

Due to the provision of workers’ compensation, individuals are generally barred from suing their employer for injuries sustained at work. This is a trade-off — you are entitled to workers’ compensation benefits without proving fault for your injury, but you also lose the right to sue your employer under most conditions.

Are you looking for some more information on the topic? This workplace injury lawyer in Lakeland, Florida is going to discuss some of the key things you should know below.

So, when can you sue your employer?

Although uncommon, there are some instances when you are permitted to sue your employer in Florida. For example, if your employer does not have workers’ compensation insurance, you might have the grounds to sue them. You can also sue your employer if they do something that stops you from getting your workers’ compensation benefits, like not reporting your injury to the insurance company.

Furthermore, legal action might be an option if your employer or a direct supervisor intentionally hurts you. Keep in mind that proving intentional harm can be challenging since it requires evidence of the employer’s intent to cause injury. Similarly, if your employer puts you in a situation where injury is almost guaranteed, you could sue them — but this is also a difficult case for a workplace injury lawyer in Lakeland, Florida to argue in court.

Suing your employer is not simple, and there are strict rules about when you can do it. Nevertheless, it might be a viable route if one of these exceptions applies to your situation.

Compensation beyond the scope of workers’ compensation

Workers’ compensation will cover your medical bills and lost wages, but it will not compensate for all potential losses. For example, it does not account for the pain and suffering you might experience because of your injury. If you file a workplace injury claim, you can also seek compensation for your pain and suffering in addition to your medical bills and lost wages. 

There are cases when a third party (not your employer) is at fault for your injury. In such cases, you can sue the at-fault individual or entity. For example, if you get hurt at work because of a poorly manufactured machine, you could potentially sue the manufacturer. 

Keep in mind that the State of Florida imposes deadlines (or statute of limitations) for suing your employer or a third party. Generally, you have up to two years to file a lawsuit. If you wait over two years to file your claim, you will lose your right to sue.

Suffering an injury at work in Florida usually means going through the workers’ compensation system, but exceptions do exist. It is important to be informed about your rights and available options. If you believe an exception applies to your situation, consulting with a knowledgeable workplace injury lawyer in Lakeland, Florida could be valuable. 

Looking for a Workplace Injury Lawyer in Lakeland, Florida?

Every workplace injury is unique. Are you ready to meet with an experienced workplace injury lawyer in Lakeland, Florida that can review your case and help you determine the right course of action? If so, Tonya Stewart and her legal team at Tonya Stewart Law PA are here to help. We can assess your case and help you proceed in any way you’d like.

Contact us today at (863) 279-4473 to review your situation.