Workers’ Compensation or Personal Injury Claim After a Miami Workplace Injury?

If you are hurt on the job in Miami, workers’ compensation may provide benefits for medical treatment and a portion of lost wages. In most cases, workers’ compensation is also the primary remedy against your employer for a workplace injury.

However, some accidents may also involve a personal injury claim, particularly when someone other than your employer contributed to the injury.

Morgan & Morgan can review what happened and help you understand whether workers’ compensation, a personal injury claim, or both may apply.

Workers’ Compensation vs. a Personal Injury Claim

Workers’ compensation generally covers injuries that arise out of and occur in the course of employment. It can provide benefits for authorized, medically necessary treatment and a portion of lost wages when a work-related injury prevents or limits your ability to work.

In most cases, workers’ compensation is the employee’s exclusive remedy against the employer for a workplace injury, although limited exceptions may apply.

A personal injury claim is different because it generally requires showing that another person or company was legally responsible for causing your injury. Depending on the circumstances, compensation may include medical expenses, lost income, pain and suffering, and other damages.

If someone other than your employer contributed to your workplace injury, you may be able to pursue a personal injury claim against that third party while also receiving workers’ compensation benefits.

When You Can File a Personal Injury Claim

You may have a third-party personal injury claim when someone other than your employer contributes to your workplace injury. Common examples include:

• Negligent contractors or vendors. Construction sites and other workplaces often involve multiple contractors, subcontractors, vendors, and delivery companies. If another company or its employee causes your injury, you may be able to pursue a claim against that third party.
• Property owner liability. If you are injured because of a dangerous condition in an area controlled by a property owner or management company, you may have a claim against that party depending on who was responsible for maintaining the area and the circumstances of the accident.
• Defective products. If defective machinery, tools, equipment, or another product contributes to your injury, you may be able to pursue a claim against a manufacturer or another responsible party.
• Work-related vehicle accidents. Injuries that occur during an ordinary commute generally are not covered by workers’ compensation. However, coverage may apply when you are traveling for work, completing a special errand for your employer, or driving between job sites. If another driver causes the crash, you may also have a third-party claim against that driver.

Can I File a Workers’ Compensation and a Third-Party Claim at the Same Time?

Yes. If you were injured in a Miami work-related accident, you may be able to pursue workers’ compensation benefits and a third-party personal injury claim at the same time when someone other than your employer contributed to your injury.

Workers’ compensation may cover authorized medical treatment and a portion of lost wages, while a third-party claim may allow you to seek additional damages from the responsible party, including uncovered lost income, pain and suffering, and other losses.

These claims can affect one another. If workers’ compensation benefits have been paid, the employer or insurance carrier may have a right to recover certain amounts from a third-party settlement or judgment. An attorney can help coordinate the claims and address any applicable subrogation rights.

How Subrogation Can Affect Your Recovery

When workers’ compensation benefits have been paid, and you also pursue a third-party claim, the employer or workers’ compensation carrier may have subrogation rights against part of any settlement or judgment you recover. This is intended to prevent recovery of the same losses twice.

If a third-party lawsuit is filed, the employer or carrier may file a notice showing the workers’ compensation and medical benefits it has paid. That notice can create a lien against a portion of the recovery, subject to Florida’s rules governing how the employer or carrier’s share is calculated.

Subrogation can affect how much of a third-party recovery ultimately goes to you, and the calculations may involve attorney’s fees, court costs, and the amount of workers’ compensation benefits paid. An attorney can help identify and address any applicable lien or reimbursement rights when the claims are resolved.

Getting Legal Help From Morgan & Morgan

A workplace accident can involve more than a workers’ compensation claim. Depending on how the injury happened, another person or company may also share responsibility.

Morgan & Morgan can review the circumstances of your Miami workplace injury, identify potential sources of compensation, and help you understand whether workers’ compensation, a third-party personal injury claim, or both may apply.

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