Can I File a Personal Injury Claim if I Was Injured at Work?

Florida’s exclusive remedy law usually, but not always, applies in these cases.

Maybe. In most cases, workers’ compensation is the exclusive remedy for job-related illness or injury claims. So, unless an exception applies, these victims cannot obtain compensation for work-related injuries or illnesses in civil court. Some legal scholars have questioned the wisdom of exclusive remedy laws, and some states have modified these provisions. These reform efforts have yet to make an impact in Florida.

Incidentally, if an exception applies, a civil suit is not necessarily a better option than workers’ compensation. Personal injury plaintiffs must prove negligence or a lack of care. But workers’ compensation claims are no-fault claims. Benefits are available even if the employer wasn’t negligent and the victim was entirely at fault for the work-related illness or injury.

The amount of compensation is the other major difference between workers’ compensation and civil claims. Workers’ compensation benefits are limited to partial lost wage replacement and medical bill payment, at least in most cases. In civil court, a Sarasota personal injury lawyer can obtain additional compensation for noneconomic losses, such as pain and suffering. Additional punitive damages are also available in civil claims, in some extreme cases.

Asbestos Exposure

Asbestos poisoning victims may opt for a workers’ compensation claim or a civil claim. We outlined the main differences between these two claims above.

Mesothelioma is the most common asbestos-exposure illness. This rare and aggressive form of lung cancer is difficult to diagnose and treat. As a result, the mesothelioma survival rate is extremely low, even though the overall cancer survival rate has improved since the 1990s.

In a workers’ compensation case, the victim must only prove the asbestos exposure was work-related. In a civil case, the victim must prove the employer negligently failed to warn employees about the dangers of asbestos.

Incidentally, indirect asbestos poisoning victims, such as women who used asbestos-laced talcum powder and developed cervical cancer, may only file civil claims.

Uninsured Employer

Florida’s exclusive remedy law applies to both victims and employers. Victims are limited to workers’ compensation claims, and most employers must purchase and maintain workers’ compensation insurance.

Some employers ignore this requirement. They do not buy insurance and hope they do not get caught. Other employers lie to their insurance carriers about the number of employees, payroll size, and other risk factors. When insurance companies discover these lies, they cancel the policies.

Since these victims cannot file workers’ compensation claims, they must file civil claims. To punish the employer for its unscrupulous activities, the law forbids the use of comparative fault and other “silver bullet” defenses, making it easier for a Sarasota personal injury lawyer to prove negligence.

Reckless Employer

If the employer was reckless or the injury was intentional, workers’ compensation is no longer the exclusive remedy. So, a victim may choose between either claim.

Recklessness basically means an intentional disregard for worker safety. If a safety inspector declares that a worksite is unsafe and ABC sends workers to that location, ABC recklessly endangers those workers. Occasionally, employers intentionally send workers to dangerous areas in order to punish them for some reason.

In a reckless or intentional personal injury case, a personal injury lawyer must prove a higher level of culpability. Both direct and circumstantial evidence is admissible on this point.

Connect With a Dedicated Sarasota County Attorney

Workers’ compensation is not always the exclusive remedy for job-related injury or illness claims. For a confidential consultation with an experienced personal injury lawyer in Sarasota, contact Carman & Finegan, P.A. The sooner you reach out to us, the sooner we start working for you.