Personal Injury Lawyer Miami FL
In all states, there is some kind of workers compensation benefit plan where employees can receive compensation and benefits if they were injured on the job or develop a condition that is work-related.
But, when you dig deeper into the cause of the accident, what happens when an employee is injured because of a defective piece of equipment or negligence of someone else associated with their job duties? A worker may be able to file a personal injury claim against a third party for damages. To be sure you have a valid case, retaining a knowledgeable Miami FL personal injury lawyer well versed in personal injury law is advisable.
Reaching Beyond an Immediate Employer
Florida has comprehensive workers compensation legislation that provides for monetary benefits for workers in the event of an injury or even death on the job. These benefits can cover the costs associated with permanent partial disability, permanent total disability, and even death. These payments may be paid weekly or paid as a lump sum depending on the disability.
If, however, a workplace injury was caused by a defective product or machine or by someone who is not a coworker, they are deemed to be a “third party” and may be liable to pay for the injured worker’s damages. This is as long as an employee can prove that the negligence of the third party contributed to the injury.
The following are some common examples of where an employee may be able to file a claim against someone other than their direct employer.
Construction Sites
Construction workers face a number of risky situations in their everyday tasks, but what if a piece of heavy machinery they were using malfunctioned and injured a worker? Typical injuries include deep cuts, amputations, and eye injuries. If the product was found to be defective, the employee could bring a personal injury claim against a manufacturer of that equipment.
Delivery/Shipping/Transportation
Often, drivers are injured on the road by another vehicle. The employee can suffer mild to major injuries from the crash. The offending driver of the car that hit the worker (if not an employee of the worker’s company) could be subject to a claim for their negligent driving.
Manufacturing
Many employees are injured while working on a production line, using a piece of machinery. The manufacturer of a defective product that injured the worker could be held liable for catastrophic injuries, such as compressions and crushing that lead to limb loss or vision impairment.
Slips, Trips, and Falls
According to the National Floor Safety Institute, twenty-two percent of slip and fall incidents resulted in more than 31 days away from work. A fall resulting in serious injuries that was neither the employer, employee, or co-worker’s fault, can be a basis for a claim against a third party. For example, another contractor on the job site may be found to have contributed to the injuries sustained.
Work-related Site Visits
A property owner who failed to properly maintain a safe workplace environment or an owner of an animal that bites a worker may also find themselves on the opposing side of a personal injury claim.
The potential for “shared responsibility” for a workplace injury is an essential part of an employee’s recovery. Clearly, it takes the legal insight of a personal injury lawyer Miami FL clients recommend with the depth of knowledge to determine if you have a case. The team at Needle & Ellenberg, P.A. can help with both your workers compensation claim and third-party claim. Contact our office today for a free consultation.