If you have been injured on the job, you should know that you may be able to bring a personal injury claim in addition to seeking workers’ compensation benefits. While employees usually are not permitted to sue their employers for injuries sustained on the job, there may be third parties whose negligence contributed to an accident, such as contractors, sub-contractors, or manufacturers. Therefore, an employee who is hurt at work may wish to consult a personal injury attorney to help maximize the potential recovery that may be available through the legal system. The Stuart workplace injury attorneys at Donaldson & Weston will be happy to discuss your potential options with you.Compensation Potentially Available After a Workplace Injury in Florida
An accident on the job may have been a combined result of several causes. An employee may have been working with defective equipment, for example, or may have been harmed because an entity in control of the job site failed to take proper precautions in maintaining it. When this happens, the injured employee may wish to bring a third-party personal injury claim. While workers’ compensation provides certain benefits to people who are hurt on the job, the scope of damages available through personal injury claims is broader, extending beyond items such as medical bills and lost wages to pain and suffering, lost enjoyment of life, and more.
To receive compensation, an injured worker would need to prove the fault of the defendant. Most personal injury claims are based on a theory of negligence, although product liability claims may rely on a theory of strict liability. Negligence involves showing that the defendant failed to use the proper care under the circumstances, which is defined as what a reasonable person or entity would have done. Product liability claims based on strict liability do not require showing a lack of reasonable care. However, as with negligence claims, a victim must prove causation. This means that they likely would not have been hurt if not for the defendant’s inadequate care (in a negligence claim) or defective product (in a strict liability claim). The accident must have been foreseeable, and the victim’s damages must be reasonably quantifiable.
Personal injury claims in Florida generally are subject to a strict statute of limitations. This requires victims to bring their case within a certain time period to preserve their right to compensation. While obtaining medical treatment is always the first thing to do after a serious accident, you should try to avoid any delay in consulting a Stuart personal injury attorney if you believe that you may have a claim.Enlist a Workplace Injury Attorney in Stuart to Protect Your Rights
At Donaldson & Weston, our Stuart personal injury lawyers are committed to fighting for justice on behalf of people injured on the job throughout Martin, St. Lucie, and Palm Beach Counties, including in Stuart, West Palm Beach, and Jupiter. To schedule a free consultation, call us at 772-266-5555 in Stuart or 561-299-3999 in West Palm Beach, or contact us online. Donaldson & Weston also can assist people who are seeking a car accident attorney or who need assistance with other personal injury claims. We work on a contingency fee basis in most cases, which means that we do not get paid unless you get paid.