When is a third party liable for a work injury in Florida?

On Behalf of Scott Marshall Injury Attorneys | June 30, 2023 | Third-Party Liability

When Florida employees get hurt on the job, they usually file a claim for workers’ compensation benefits to cover their expenses. The workers’ compensation program in Florida can help replace wages after someone gets hurt and cover the cost of their medical treatment.

However, there are some gaps in that coverage, especially when it comes to wage replacement. The longer someone will have reduced earning potential and the higher their weekly paycheck, the greater the potential gap between the benefits they get and what they usually make.

Florida workers may find themselves struggling to cover their costs until they can get back to work because benefits will only replace a portion of their income. A third-party claim may be one way for someone hurt on the job to close the gap between what their injury actually cost them and what workers’ compensation will pay. When can an injured worker in Florida file a third party claim after getting hurt on the job?

When another person or business causes their injury

Any incidents that occurs on the clock might make someone eligible for workers’ compensation benefits. Making a claim for benefits won’t prevent someone from holding another party accountable for their injuries as well. For example, perhaps the person who gets hurt on the job is a delivery driver. They work for a big company or a commercial fleet delivering packages all day, every day. Occasionally, delivery drivers end up hurt because someone speeds around a corner and crashes into their parked vehicle or otherwise does something unsafe that causes a crash.

A worker hurt in a collision on the job, which is a leading cause of work injury, could potentially file a third-party claim against the at-fault motorist. That lawsuit could cover the remainder of their lost wages and their property damage losses that workers compensation won’t cover.

Third-party claims are generally possible after crashes, product failures and any other scenario wherein the misconduct or actions of another person or business directly contributed to the workplace injury someone has suffered. Seeking legal guidance and pursuing a third-party claim may help those hurt on the job more fully cover the costs generated by their recent incident on the job.