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Miami Injury Lawyer > Blog > Personal Injury > Filing A Personal Injury Vs. Workers’ Compensation Claim In Florida

Filing A Personal Injury Vs. Workers’ Compensation Claim In Florida


When you are hurt on the job, you may wonder, “Should I file a personal injury claim or a workers’ compensation claim?” There are benefits and drawbacks associated with each of these types of claims.

Since each case is unique, it is highly recommended to consult with a Miami personal injury attorney to determine how to best proceed in your particular case.

Our attorneys at Pita Weber Del Prado are prepared to preserve your rights and ensure that you receive the maximum compensation you deserve, whether you file a personal injury or workers’ compensation claim in Florida.

Can You File a Personal Injury Claim After a Workplace Accident?

Yes, you may have a right to pursue a personal injury claim if you were hurt at work. However, if your employer provides workers’ compensation insurance, you may not be permitted to bring a personal injury claim against your employer (there may be exceptions).

Instead, you would need to file a workers’ compensation claim to recover damages after your workplace accident. However, you can still obtain compensation through a personal injury claim filed against a third party whose negligence caused your work-related injury.

Third Parties That Can Be Held Responsible for Work-Related Accidents

While it is true that third parties are not always responsible for work-related accidents, you need to discuss your particular case with an experienced attorney to determine if you can file a personal injury lawsuit against the third party who caused or contributed to your on-the-job injury.

Third parties that may be held liable for work-related accidents include:

  • Visitors and customers
  • Contractors who work with you
  • Individuals or companies responsible for property maintenance
  • The property owner
  • Manufacturers of equipment and machinery at work

In other words, any person or entity whose negligence caused or contributed to your workplace accident can be held responsible for your injury. Speak with a lawyer to determine if you can file a third-party personal injury lawsuit in your specific case.

What’s the Difference Between a Personal Injury and Florida Workers’ Compensation Claim?

If you were injured at work, you need to understand the difference between filing a third-party personal injury claim and pursuing a workers’ compensation claim through your employer’s insurer.

  1. Burden of proof. You do not need to prove that your employer (or anyone else) was at fault to obtain compensation through workers’ compensation insurance. In fact, you may be entitled to compensation even if your own fault contributed to your injury. When seeking recovery through a personal injury claim, you need to demonstrate proof of a third party’s negligence.
  2. Recoverable damages. While workers’ compensation benefits include medical bills and loss of income benefits, you can seek compensation for your pain and suffering, loss of enjoyment of life, mental anguish, and many other damages when pursuing a personal injury claim.
  3. Subrogation. If a third party’s negligence caused or contributed to a worker’s injury and the worker is receiving workers’ compensation benefits, the employer’s insurance company can file a lien on any compensation received through a third-party personal injury claim to get reimbursed for the amount of the claim paid to the injured worker.

If you were injured at work, it might be a good idea to discuss your legal options with a skilled attorney. At Pita Weber Del Prado, we are prepared to conduct a thorough investigation of your case and help you receive the compensation to which you are entitled. Call  305-670-2889 to receive a consultation.

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