workers compensation claim

Do I Need a Florida Workers’ Compensation Attorney or a Personal Injury Attorney?

“I work for a courier service delivering documents. I fell while at a business making a delivery. Do I need a Boca Raton workers’ compensation attorney or a slip and fall attorney?”

The best answer is to hire a Boca Raton workers’ compensation attorney who also has experience handling personal injury claims. The attorneys of The Broderick Law Firm P.L. are experienced workers’ compensation attorneys and personal injury attorneys. We represent clients who are injured in the workplace and clients who have been injured due to the negligence of another party. In a situation like the one above, our experience in both areas of law gives you the comprehensive legal representation you need in order to receive the maximum compensation allowable by law for your injuries.

Florida Workers’ Compensation Laws

According to Florida’s Workers’ Compensation Laws, the legislative intent for enacting laws regarding workplace accidents was to “assure the quick and efficient delivery of disability and medical benefits to an injured worker and to facilitate the worker’s return to gainful reemployment at a reasonable cost to the employer.” An injured employee can receive 2/3 of his or her gross wages up to the statutory amount while he or she is out of work being treated for a workplace injury. If the injury results in permanent disability or a mental condition, the employee may be entitled to receive impairment benefits.

If you have been injured on the job or you have developed a job-related illness, you may be entitled to receive compensation under Florida’s workers’ compensation laws. In order to receive compensation, it is often beneficial to retain a workers’ compensation attorney because the claims process and the required forms can be complicated and overwhelming. If you do not file the correct forms and follow all procedures, your claim could be denied or your settlement could be reduced. Workers’ compensation is a no-fault system that provides benefits to employees injured at work regardless of fault.

Unfortunately, if your employer was negligent, you are not entitled to sue your employer for additional compensation unless you can prove that your employer committed an intentional act that caused your injury. An injured employee’s sole remedy for a workplace injury is to file a claim for workers’ compensation.

What if a Third Party was Negligent in Causing my Injury?

In some cases, you may be injured at work but the injury is due to an accident caused by a third party. In the question above, if the employee was delivering documents in the scope of his employment (i.e. he was where he should be performing required duties for his job at the time of his injury), he should be entitled to receive workers’ compensation under Florida’s workers’ compensation laws. He will likely receive 2/3 of his regular wages not to exceed the statutory amount while he is out of work to receive medical treatment. His medical bills will be paid and he may qualify for a small payment if he suffers a permanent impairment.

On the other hand, if the employee was injured in a slip and fall accident where the property owner was negligent in allowing the condition to remain that caused the slip and fall, the employee may have a valid third-party claim against the property owner under Florida’s premises liability laws. Unlike workers’ compensation, if the employee is successful in winning a slip and fall case, he may receive full reimbursement for all wages and damages including an amount for his pain and suffer — workers’ compensation does not compensate the worker for pain and suffering.

What Claim Does the Employee Need to File?

It may be in the best interest or the employee to apply for workers’ compensation benefits while he is pursuing a slip and fall claim. If he is successful on the slip and fall claim, the workers’ compensation company may have subrogation rights or the ability to be reimbursed from the settlement proceeds for money paid under the WC claim. Even though the employee may be required to reimburse the WC carrier, he may be entitled to receive a higher amount of compensation through a third party claim.

Choosing Between a Boca Raton Workers’ Compensation Attorney and a Personal Injury Attorney

When you hire The Broderick Law Firm, P.L., you do not need to choose between a workers’ compensation attorney and a personal injury attorney.