When you suffer an injury at work, your options for recovering compensation are often different than with injuries that occur in other situations. Employers are generally required to carry workers’ compensation insurance, and in most cases, filing a claim with your company’s insurance provider is your only option for recovering damages.
However, there are certain situations in which you could be eligible to file a lawsuit against your employer or an at-fault third party. At The Schiller Kessler Group, we have a long history of helping injury victims get the money they need after a workplace accident. Contact us today to schedule a free consultation with one of our Miami work accident lawyers.
What Is Workers’ Compensation?
Workers’ compensation insurance is used to protect both workers and their employers in the event of an accident. The majority of employers are required to carry this insurance to minimize the number of lawsuits filed each year for workplace accidents.
In most cases, filing a workers’ comp claim is easy, and recovering compensation is quick. However, as with all insurance claims, the insurer is likely going to look for any holes in your claim that will allow them to deny you the benefits to which you are entitled. That being said, the majority of cases are approved without any significant delays.
How Workers’ Comp Helps Workers
The main benefit of workers’ comp for injured workers is that it provides quick compensation to cover medical costs and lost wages. Filing for workers’ comp benefits is simple and does not come with the long wait times and complicated legal procedures accompanying a personal injury lawsuit.
How Workers’ Comp Helps Employers
The main benefit of workers’ comp for employers is that it allows them to avoid lawsuits from their employees. For a small company, a single lawsuit from an injured worker could potentially leave the company bankrupt. Meanwhile, a large corporation in a dangerous industry would likely be fighting constant legal battles without workers’ compensation insurance.
How Workers’ Comp Helps the Courts
An added benefit of workers’ compensation insurance is that it alleviates the workload of the court system. Without this insurance, the courts would be overrun with personal injury lawsuits filed by workers against their employers.
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Filing a Lawsuit After an Injury Caused by a Work Accident
In certain situations, you may be eligible to file a lawsuit after suffering a work injury. However, your options for doing so are limited.
If Your Employer Failed to Provide a Safe Work Environment
Employers are required to provide their workers with a reasonably safe environment in which to work. Even in dangerous professions that are hazardous by their very nature, employers must minimize unnecessary risks to their employees. Failure to do so could open them up to a potential lawsuit.
If Your Employer Intentionally Caused You Harm
If your injury was the result of an intentional action by your employer meant to cause you harm, you have the right to file a personal injury lawsuit.
If a Third Party Was Responsible for Your Injury
Instead of filing a workers’ comp claim or suing your employer, there may be another party at-fault for your injury. If you were injured by a defective product while at work or struck by a third-party vehicle, you may be able to file a lawsuit against the liable party.
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Benefits of a Personal Injury Lawsuit Over a Workers’ Compensation Claim
While a workers’ comp claim can provide you with a quicker, hassle-free means of recovering compensation after an accident, it does come with limits. One of the biggest limitations of a workers’ comp claim is that it does not compensate injury victims for non-economic damages.
However, when you file a personal injury lawsuit, you can recover both economic and non-economic damages. In some cases, injury victims may even be able to collect punitive damages from the liable party.
Although you may have to wait a long time to collect compensation through a personal injury lawsuit, if you are eligible and the damages you suffered are severe, it may be worth pursuing this alternate path to recover the money you need and deserve.
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How a Miami Work Accident Lawyer Can Help
When you hire a work accident lawyer, they can help you in a variety of ways. First off, they can help identify whether you are eligible to pursue a lawsuit and whether doing so makes sense for your case.
If you are filing a workers’ comp claim, your lawyer can help ensure you don’t run into any problems. While it is possible to file on your own, having an attorney by your side will significantly decrease the chances that your claim will be denied. If your claim has already been denied, a lawyer can help you appeal that decision.
If pursuing a personal injury lawsuit, your attorney will investigate your accident, gather evidence, and speak to witnesses. They will draw up all the necessary paperwork and file your lawsuit with the court. After that, they will go through the steps of the pretrial process and represent you in court if necessary. They will also negotiate to reach a settlement deal.
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Get a Free Consultation From a Miami Work Accident Attorney Today
At The Schiller Kessler Group, we have helped countless injury victims recover the compensation they need after a work accident. We have a proven track record of securing significant compensation on behalf of our clients.
Contact us today by phone or through our website to schedule a free consultation with a member of our legal team. We’ll review your case, answer all your questions, and inform you of your legal options moving forward.
Call or text 800-350-3476 or complete a Free Case Evaluation form