NBC 6 News reported on the incident last week in Hialeah in which a former Miami-Dade firefighter pulled a gun on AT&T workers. According to the news report, Jorge Jove began firing his gun at the AT&T trucks around 11:30 a.m. outside of his home. Two workers were on site but not injured in the incident. Cellphone video shows Jove walk toward the trucks and shoot out the tires. Jove reloaded his gun several times as he continued to shoot at the trucks.
Police arrived on the scene and took Jove into custody. He is currently charged with felony vandalism and two counts of aggravated assault with a firearm. Jove is currently free on $30,000 bond. It appears that he was upset because the trucks were blocking his driveway. In a statement, Hialeah Police Detective Carl Zogby said, “He just lost his mind for a moment.”
Workplace Accidents Caused by Third Parties
Thankfully, no one was physically injured during the above incident involving two AT&T workers. However, if injuries had been sustained, the workers may have had two claims — a workers’ comp claim and a third-party claim.
Workers’ compensation covers injuries sustained on the job. Had these workers been injured, they could have filed a workers’ comp claim because it appears they were simply doing their job when the incident occurred. However, because a third party would have caused the accident, the workers could have had a third-party claim against the gunman.
Third-party claims related to workers comp claims can help victims recover more compensation than they can receive by filing a workers’ comp claim. The benefits available under a workers’ comp claim are limited. For example, a worker is only entitled to recover two-thirds of lost wages while he is unable to work. Long-term lost wages can also be capped. For a young person who suffers a permanent disability, this could be a problem. In addition, injured workers are not entitled to pain and suffering damages under a workers’ comp claim.
By filing a third-party claim, the worker might receive additional compensation for his or her damages. The compensation a worker may receive under a third-party claim includes full compensation for loss of income and other economic damages and compensation for physical pain, mental anguish, and emotional suffering.
When Are Third-Party Claims Filed?
Workers’ compensation covers workplace injuries in most cases. However, if a third party causes an injury to a worker, the worker can file a claim under Florida’s personal injury laws against that person. If the person was negligent in causing the injury, that person is liable for any damages.
Examples of third-party claims include traffic accidents, assault, and premises liability. An experienced Boca Raton workers’ comp attorney can analyze the situation to determine if a third-party claim exists and develop a strategy to maximize the chance of full compensation for all damages for the injured worker.
Call a Boca Raton Workers Comp Law Firm for a Free Appointment
The Broderick Law Firm, P.L. is a full-service workers comp law firm. Our attorneys are committed helping workers seek the benefits they are entitled to receive after a workplace injury.
Contact our workers comp law firm by calling 1-800-333-3903 to schedule your free consultation with an attorney. We represent individuals in West Palm Beach, Boca Raton, Fort Lauderdale & Miami, FL.