Workers’ Compensation and Personal Injury ClaimsVaughan Law Group
Orlando, FL – Most of the Workers’ compensation laws in Orlando, FL limit the remedies of a worker to compensation benefits only related to work-related injuries. However, except for narrow circumstances such as an employer deliberately trying to hurt the worker, all remedies of workers are associated with the workers’ compensation system only, no matter how egregious the conduct of the employer.
Workers’ compensation laws can similarly bar actions against all of the co-workers who might be behind the cause of the injury the worker.
What Does Exclusive Remedy Stands For?
Since the workers’ compensation laws cover anything and everything under the sun related to workers, it is referred to as exclusive remedy. This exclusive remedy is available to an injured worker and can help benefit the employee in terms of rehabilitation, medical care and lost wages.
There are, nonetheless, circumstances where the possibility of personal injury action remains. For example, a worker could get hurt while at another business premises or by someone who is not a co-worker from the same organization. In those cases, a personal injury claim can be filed.
When Can You File A Personal Injury Claim?
A personal injury claim can be fired anytime the workers’ compensation laws do not restrict the personal injury lawsuit. Typically, personal injury claims are filed when there is a third party involved who is not linked to the workers’ employers. Workers’ compensation does not prohibit lawsuits for injuries intentionally caused by the employer, however such cases are very rare.
What Are the Common Personal Injury Claims?
In the following situations, a worker may file a workers’ compensation claim in addition to a personal injury lawsuit:
Injury That Happens at Someone Else’s Premises
In some cases, the worker might be performing his job tasks at a premise that is not his own workplace, and get injured at that location. For example, a delivery driver involved in an accident is eligible to apply for personal injury claim against the driver who was responsible for the accident, along with filing a claim for the workers’ compensation benefits.
Injury That Happens Due to A Third Party
In some cases, a worker might get injured by acts of a third party when working at his own workplace. For example, a roof specialist who is working on the top of the building and drops a tool on the head of a worker and injures him, might have to face a personal injury claim by the injured employee.
Injury that is caused By a Product Liability
In some cases, a worker can also get injured when using unreasonably dangerous or defective equipment, which is due to the fault of the manufacturer, installer or distributor of that equipment. In those cases, the injured worker is allowed to claim personal injury under products liability against a third party.
Most of the time personal injury claims are filed against construction workers and employers cases. In such cases, it is advisable for the worker to seek a workers’ compensation attorney in Orlando, FL.
Orlando Workers Compensation Attorney Contact Information
Contact Vaughan Law Group’s Orlando Workers Compensation Attorneys today for your free initial consultation. You can contact Vaughan Law Group at (407) 434-0074.