Clearwater Workplace Accident Lawyer

What Kind of Compensation is Available After an On-the-Job Injury in Florida? 

Under Florida state law, workers’ compensation typically covers financial losses associated with your injuries or work-related illness. 

This can include money for:

• Medical treatment
• Lost wages
• Medical equipment and medications
• Some job replacements costs

Securing compensation for non-economic losses, such as pain and suffering or anxiety, is more difficult. Workers’ compensation will not typically pay these damages. However, there are instances when a victim may also file a claim or lawsuit to collect from a third party whose negligence may have contributed or caused an accident. 

For example, more comprehensive damages might be available if you got hurt on the job because of a defective product – like a power tool or piece of heavy equipment. The company responsible for that product may be liable under Florida state product liability laws.

Our attorneys in Clearwater will thoroughly review your case to identify all potential courses of action and work to maximize your recovery.

What Kind of Injuries Do Workplace Accidents Typically Cause?

The types of injuries you may sustain after a workplace accident in Clearwater can be wide ranging. 

The following are merely a few common examples:

• Broken and/or fractured bones
• Traumatic brain injury
• Spinal cord injuries
• Burns
• Internal organ injuries
• Disfigurement
• Electrocution
• Crushing Injuries

You may have sustained multiple injuries in a Florida workplace accident. Our dedicated law office will account for all of them when determining how much compensation you deserve.

What Causes Most Workplace Accidents in Clearwater, Florida?

Workplace accidents can occur in many ways. Some of the most common ways workers are injured on the job include:

• Lifting or carrying heavy items
• Lack of proper safety training
• Failure to provide employees with necessary safety equipment
• Moving objects striking employees
• Car accidents
• Machinery malfunctions

Due to workers’ compensation laws, you can recover compensation after a workplace accident in Florida regardless of the cause. However, because negligence often is involved in accidents, employers and co-workers must take all necessary steps to keep everyone safe.

Do I Have to Prove Negligence After Getting Hurt at Work in Florida?

Seeking compensation after a Clearwater workplace accident usually involves filing a claim to collect from your employer’s Workers’ Compensation insurance. Consequently, you typically do not need to prove your accident was the result of negligence.

 However, there are instances when a negligent third party may also be liable. 

The following are a few examples:

• You’re driving for work when a negligent driver causes a car or truck accident
• You’re injured at work because a piece of equipment is defective
• You’re working on premises owned by someone other than your employer and a hazard that should have been addressed or that you should have been alerted to causes harm

You may be able to collect additional compensation beyond what workers’ compensation provides in instances such as these. However, to do so, you will have to prove that your workplace accident was the result of negligence.

Negligence requires proof that:

• The at-fault party owed you a duty of care
• They breached the duty
• The breach caused your injuries
• You suffered damages

Our legal team will conduct a thorough investigation to identify who’s responsible for your injuries. If a third party is to blame, we’ll help prove they were negligent and recover all your economic and non-economic damages.

Can I Still Recover Compensation if I’m Being Blamed for a Workplace Accident in Florida?

Under Florida law, an employee is generally entitled to compensation for work accidents that occur when they’re performing legitimate work-related tasks—regardless of whether they caused their accident. However, there are cases when an employer’s workers’ compensation insurer may not need to pay an injured party. For example, an insurer could argue that your accident occurred because you were intoxicated.

It’s also important to understand that Florida is a modified comparative fault state, which applies in a third-party personal injury lawsuit. Under this rule, you can recover compensation if you are partially at fault for an accident. However, your damages will be reduced to account for your percentage of the blame. Florida also has a 51% rule in place, so you cannot recover any compensation if you are mostly at fault.

So, it can be critically important to hire a lawyer after an on the job accident in Florida – especially when you’re looking to recover damages from a third party. Insurance companies will try to push you around and say that you’re to blame – we can step in and defend you at every turn. The less fault you ultimately share, the more compensation you can walk away with when your case is resolved. 

How Long Do I Have to File a Claim or Lawsuit After a Clearwater Workplace Accident?

Florida law requires that you notify your employer of your injuries within 30 days of your accident occurring. Your claim may be denied if you fail to meet the deadline.

You have significantly more time to file a claim or lawsuit if you’re also seeking compensation from a negligent third party. However, the statute of limitations still imposes a deadline. If your accident took place on 3/23/2023 or before, you’ll have four years; if it happened after that date, you’ll have two years.

However, there are exceptions to these deadlines. Contacting a Clearwater personal injury attorney sooner rather than later to confirm the deadline for your situation is recommended.

Contact Our Clearwater Workplace Accident Lawyers to Schedule a Free Consultation

Don’t delay if you’ve been injured at work. At Perenich, Caulfield, Avril & Noyes Personal Injury Lawyers, you’ll find a team of experienced Clearwater workplace accident lawyers dedicated to helping you receive all the compensation you may be owed. 

Get started today by calling our law firm or contacting us online to schedule a free consultation.