Third-Party Lawsuits for Workplace Injuries in Florida: What You Need to Know
Workplace injuries happen every day in Florida. Whether you are driving a company vehicle, operating heavy machinery, or simply walking through a job site, accidents can result in serious injuries. Many workers assume their only option is to rely on workers’ compensation from their employer. However, in some cases, you may have the right to file a lawsuit against a third party. This could provide additional compensation beyond what workers’ compensation covers. Understanding your legal rights is essential when dealing with workplace injuries.
What Is a Third-Party Claim for a Workplace Accident?
A third-party claim is a lawsuit against someone other than your employer who was involved with your workplace injury. Workers’ compensation generally prevents employees from suing their employers for negligence. However, it does not stop them from pursuing claims against other parties responsible for their injuries.
To succeed in a third-party claim based on negligence, you must prove:
The third party owed you a duty of care.
The third-party breached that duty by failing to act with reasonable care.
That breach directly caused your injuries.
You suffered damages as a result.
Other legal claims, such as strict liability or wrongful death, may apply in workplace injury cases. For example, a worker injured by defective machinery may have a product liability claim against the manufacturer. Suppose a loved one dies due to a work-related accident caused by another driver. In that case, the family may have grounds for a wrongful death lawsuit.
Who Can Be Held Liable in a Third-Party Workplace Accident Claim?
A third party in a workplace accident lawsuit is any individual or entity other than your employer that contributed to your injury. Common examples include:
Other drivers who cause car accidents that involve employees on the job.
Equipment manufacturers who are responsible for defective machinery or tools.
Maintenance or service companies that fail to repair equipment, leading to an accident.
Architects, engineers, or designers who create unsafe structures that cause injuries.
Subcontractors whose negligence leads to a worker’s injury.
Property owners who fail to address hazardous conditions on a worksite.
Vendors handling hazardous chemicals that result in worker exposure and injury.
Cleaning companies that create slip and fall hazards at a job site.
Because third-party claims involve different legal standards than workers’ compensation cases, gathering evidence to establish liability is essential. If you are injured at work, report the accident, seek medical care, and document as much as possible. Identifying responsible parties early can strengthen your claim.
Why Consider Filing a Third-Party Lawsuit?
Workers’ compensation provides benefits such as medical coverage and partial wage replacement. However, these benefits do not fully cover all financial and personal losses. For example:
Disability benefits only replace about two-thirds of lost wages.
No compensation is provided for pain and suffering.
There are strict limits on payments for permanent impairment or disfigurement.
A third-party lawsuit can provide additional compensation, including:
Full reimbursement for lost wages.
Compensation for pain and suffering.
Medical expenses not covered by workers’ comp.
Future lost income and diminished earning capacity.
Damages for permanent disabilities or disfigurement.
Emotional distress and reduced quality of life.
Punitive damages in cases of gross negligence or intentional misconduct.
Since third-party claims involve proving fault, gathering strong evidence is crucial. Witness statements, accident reports, and expert testimony can help build a strong case.
What Are the Deadlines for Filing a Third-Party Claim in Florida?
As of March 2023, Florida law sets a two-year deadline to file personal injury claims. Wrongful death claims must be filed within two years of the date of death, regardless of when the accident occurred. Missing these deadlines can prevent you from recovering compensation. Consulting an attorney soon after an injury ensures that all legal deadlines are met.
How Does Contributory Fault Affect Third-Party Claims?
Workers’ compensation is a no-fault system, meaning you receive benefits regardless of who caused the accident. However, third-party claims are subject to Florida’s modified comparative fault rules. If you are partially at fault for your injury, your compensation is reduced by your percentage of fault.
For example, suppose you are found to be 30% responsible for the accident, and your total damages are $100,000. In that case, you can only recover $70,000. You cannot recover damages if you are 51% or more at fault. It is essential to present substantial evidence demonstrating the other party’s primary responsibility for the accident.
Contact The Law Office of William Robinson
You may be entitled to additional compensation if you were injured at work and believe a third party was responsible. The Law Office of William Robinson can review your case and help you understand your legal options. Contact our firm today for a consultation to discuss your rights and potential claims.
