I Got Injured on Job by a Third Party. What Are My Rights?

Have you been injured on job due to a third party’s negligence? Not only are you dealing with the pain and trauma of your injury, but worrying about how to support yourself financially is no doubt weighing heavily on your mind – and having a third party involved only adds to your stress.

At Lyle B. Masnikoff & Associates, P.A., we know navigating the legal system can be overwhelming when you need to focus on recovering from your injuries. We are here to help.

If you got injured on job and have questions about your rights or whether you have a case, contact us for a FREE consultation. Our experienced workers’ compensation attorneys will go the extra mile for you and are here to answer any questions you may have and guide you through the claims process. Call us at (772) 461-9181 or complete our online form.

Remember, there’s no risk in reaching out to us, and if we take your case, there are no fees unless we win. And we’ll ensure you get the fair and just compensation for your injuries.

Workers’ Compensation in Florida

Florida is a “no-fault” state regarding workers’ compensation. This means that regardless of who is at fault for your injury, you are entitled to receive benefits through Florida’s workers’ compensation system. These benefits may include medical expenses, lost wages, and other expenses related to your injury. You can read more about the different types of workers’ comp benefits here and here.

Although Florida is a no-fault state, it doesn’t mean you can’t also pursue a claim against the negligent third party if they are responsible for your injury.

What is Third-Party Liability?

If you got injured on job due to a third party, you might be entitled to more than just workers’ compensation benefits. Third-party liability means you had a workers’ compensation case, but somebody else other than your employer caused your accident. They were found to be negligent and caused your claim for workers’ comp in Florida. In these situations, you always have a workers’ compensation claim, but you may also have a separate lawsuit called a third party or personal injury claim against the person or entity who was negligent and caused your injury.

A third-party claim can help you recover damages and expenses beyond what you may have received otherwise, providing much-needed assistance during this time of distress.

How Does a Third-Party Claim Differ from Workers’ Compensation?

While workers’ compensation is a no-fault system in Florida, paying benefits regardless of who caused the injury, a third-party claim requires you to prove the third party’s negligence. In addition, a third-party claim may allow for the recovery of additional damages, such as pain and suffering, that are not recoverable through workers’ compensation.

Examples of Third-Party Claims

• A defective tool or piece of equipment provided by a subcontractor or supplier injured construction workers
• Delivery drivers were involved in a car accident caused by another driver’s negligence
• A retail worker slipped and fell due to a spill caused by a cleaning company’s failure to maintain the floor properly
• An office worker suffered from repetitive motion injuries due to faulty computer equipment supplied by a vendor
• Workers in a factory were exposed to toxic fumes from chemicals supplied by a third-party chemical supplier and suffered respiratory issues
• Medical equipment provided by a third-party vendor injured healthcare workers
• Logistic workers were injured in an accident caused by a faulty vehicle supplied by a third party
• A third-party manufacturer’s defective product injured service technicians while they were servicing it

What Your Workers’ Comp Attorney Needs to Know If You Think You Have a Third-Party Claim

If you have a workers’ compensation claim and you think you might also have a third-party or personal injury case, your workers’ comp attorney needs to know who caused the accident and who was negligent because you cannot sue your employer or your coworker. You can only sue a separate person or an outside entity. In cases like this, it’s common for your attorney to do a lot of discovery and research to determine who caused your injury and if they were negligent. Once this is established, your attorney can pursue a third-party or personal injury case at the same time as they pursue your workers’ comp case.

What is Subrogation and How Does It Affect My Workers’ Comp Benefits?

Subrogation is when you have a third-party or personal injury claim against somebody who caused your accident and is not your employer or coworker. A workers’ compensation carrier is entitled to a lien on third-party settlement proceeds you might receive for both past workers’ compensation benefits paid to you and those to be paid in the future.

The workers’ compensation carrier usually has a subrogation unit to negotiate that amount or that percentage to take care of the lien. Your workers’ comp attorney will work with the insurance carrier to represent your best interests.

Injured on the Job by a Third Party? Contact Lyle B. Masnikoff & Associates, P.A. to Help with Workers’ Comp in Florida

Injuries that occur on the job can be traumatic and life changing. When that injury occurs due to another person’s or company’s negligence, navigating the legal system and understanding your rights can be especially frustrating and challenging. Don’t add to your frustration by wasting time searching online for a “workers’ comp attorney near me.”

The workers’ comp attorneys at Lyle B. Masnikoff & Associates, P.A. understand how overwhelming and confusing the process can be. We have years of experience and a proven track record of success in obtaining compensation for our clients injured on the job. This includes workers’ comp in Florida benefits and additional benefits from pursuing a third-party claim.

At Lyle B. Masnikoff & Associates, P.A., our experienced workers’ compensation attorney team will go the extra mile for you. Contact our office today at (772) 461-9181for a FREE consultation. If more convenient, you can also fill out our online form here.

Copyright © 2023. Lyle B. Masnikoff & Associates, P.A. All rights reserved.

The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.

Lyle B. Masnikoff & Associates, P.A. 1645 Palm Beach Lakes Blvd #550 West Palm Beach, FL 33401 (772) 461-9181 https://workerscompfl.net/

Lyle B. Masnikoff & Associates, P.A. 7380 Sandlake Road, Suite 500 Orlando, FL 32819 (772) 461-9181 https://workerscompfl.net/

Lyle B. Masnikoff & Associates, P.A. 110 E Broward Blvd #1700 Fort Lauderdale, FL 33301 (772) 461-9181 https://workerscompfl.net/

Lyle B. Masnikoff & Associates, P.A. 543 NW Lake Whitney Place, Suite 106 Port St. Lucie, FL 34986 (772) 461-9181 https://workerscompfl.net/

This article is general information, not legal advice. Every case is different - call (561) 598-7120 for a free consultation about yours.