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What is the Difference Between Workers’ Compensation vs. Third-Party Claim?

The truth is: workplace accidents can happen at just about anytime and anywhere throughout the state of Florida. If you have recently received a work injury, follow along to discover how a proficient Broward County work injury lawyer of The Finizio Law Group can work on your behalf in filing a third-party claim and obtaining the compensation that you require to heal. 

What are the common types of workplace accidents in the state of Florida?

When you think of a workplace accident, you probably only think of construction site accidents or work environments that include physical labor. Though these are the most common places that workplace accidents occur, they can occur in other work environments such as at the office or in a retail setting. That said, common types of workplace accidents in the state of Florida include, but are not limited to, the following:

  • Construction site accidents:
    • Falling debris.
    • Scaffolding falls or collapses.
    • Building collapses.
    • Trench cave-ins.
    • Blade and saw or nail gun accidents.
    • Crane accidents (i.e., crashes or collisions).
    • Defective equipment (i.e., defective harnesses, ladders, etc).
    • Explosion injuries.
    • Burn injuries.
    • Electric shock injuries.
    • Lifting injuries. 
    • Exposure to hazardous materials. 
    • Exposure to loud noise.
    • Toxic fume inhalation.
  • Other workplace accidents
    • Slip and falls or trip and falls.
    • Muscle strains.
    • Repetitive motions.

Under what circumstances would I file a workers’ compensation claim?

In the state of Florida, most employers carry workers’ compensation insurance. This is essentially a form of no-fault insurance designed to compensate those who have been injured on the job, regardless of fault. So, as long as you can prove that you were injured on the job, you should receive workers’ compensation benefits to help cover the cost of your medical bills and lost wages.

Under what circumstances would I file a third-party claim?

On the other hand, sometimes accidents in the workplace are caused by a third party who is not your employer. In this case, we can file a third-party claim against the negligent party. For example, if you were injured by a defective machine, you may file a lawsuit against the product designer or manufacturer. 

Unlike workers’ compensation claims, there is no predetermined cap on recoverable damages in third-party claims. However, it is important to note that your employer’s insurance company may issue a lien towards your future compensation to recover the money distributed to you for the medical bills and lost wages you claimed.

As this process can get easily confusing, we recommend that you retain the services of a talented Broward County personal injury attorney. Give our firm a call today.

Contact Our Experienced Broward County Firm

If you require legal representation for matters of personal injury, family law, criminal defense, commercial litigation, or aviation litigation, contact The Finizio Law Group today.

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