When you suffer an injury at work, it is critical that you understand your options for recovering compensation. While in many cases, your only path to recovering damages will be through a workers’ compensation claim, under certain conditions, you can pursue a personal injury lawsuit. A Stuart work accident lawyer can help you identify what options are available.
At The Schiller Kessler Group, we have helped countless accident victims get the money they need after suffering an injury at work. Our Stuart personal injury lawyers will work diligently to ensure you recover the compensation you need and deserve. Reach out to us today by phone or through our website to schedule a free case review.
Workers’ Comp Claims Vs. Personal Injury Lawsuits
When you are injured on the job, you need to identify whether the details of your accident allow you to file a personal injury lawsuit or if your only option is to file a workers’ comp claim. Most employers in Florida are required to carry workers’ compensation insurance.
This insurance is meant to provide a hassle-free way for workers to recover money for an on-the-job injury while protecting employers from lawsuits filed by injured workers.
Workers’ Comp Pros and Cons
The main benefit of a workers’ comp claim for someone injured on the job is that this path is typically straightforward and will likely allow you to recover compensation far sooner than if you filed a lawsuit.
However, the amount of money you will be eligible to receive will be far less than you could potentially collect through a personal injury lawsuit. When filing a workers comp claim, you are not eligible to recover non-economic damages.
Furthermore, while less contentious than a lawsuit, you can still expect the insurance company to investigate your claim to ensure that your injury is legitimate and occurred on the job while carrying out your work duties.
Personal Injury Lawsuit Pros and Cons
The main benefit of filing a lawsuit is that you can potentially recover far more money than through a workers’ comp claim. In addition to the economic damages available in a workers’ comp claim, you will also be able to collect non-economic damages and potentially receive punitive damages as well.
However, filing a lawsuit is a long process, and in addition to having to wait to collect compensation you can expect the other party to fight back against the lawsuit.
You can only file a lawsuit under certain circumstances, including:
- If your injuries were caused by negligence on the part of your employer
- If your employer deliberately caused you harm
- If your injury was caused by a third party
Even in dangerous occupations, employers are required to ensure that your work environment is relatively safe. Failure to do so constitutes negligence and opens them up to liability. If injured by a third party, like the manufacturer of a tool or a driver, you can file a lawsuit against the at-fault party rather than your employer.
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Pay Attention to the Statute of Limitation When Filing a Work Accident Lawsuit
When attempting to recover compensation through a lawsuit after a work injury, it is critical that you know the personal injury statute of limitations for the state in which you were injured. In Florida, this statute was altered in 2023, reducing the amount of time that accident victims have to take legal action from four years to two.
If you don’t file your lawsuit within this two-year window, you will likely be unable to pursue compensation. However, you must understand that exceptions to the standard deadline apply in certain cases. The details of your case could end up permitting you to file long after the standard deadline has passed or put further restrictions on the amount of time you have to act.
The best way of ensuring that an unexpected deadline doesn’t block you from pursuing compensation is by hiring an experienced attorney as soon as possible after suffering an injury. Your lawyer will be able to determine the exact deadline that applies to your case and will file all of the required documents well before the cutoff date.
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Our Work Accident Lawyers in Stuart Work on a Contingency Fee Basis
You will never have to worry about receiving a bill you can’t afford to pay when working with a work accident lawyer from our firm. Our attorneys work on a contingency fee basis, which means that we don’t collect payment for our services unless we successfully recover compensation on your behalf.
We don’t charge any fees to retain our services or make our clients pay an hourly rate. Instead, we collect a single fee at the end of your case that is paid directly out of the money you recover from the liable party. This fee is assessed as a fixed percentage of the compensation you recover, meaning our lawyers have a strong motivation to get you as much money as possible.
We believe that all accident victims should have access to experienced legal counsel. By using a contingency fee payment structure, we ensure that anyone can afford to hire us to help them get the money they need after an accident, regardless of their financial means.
Get Your Free Case Evaluation From One of Our Experienced Stuart Work Injury Attorneys Today
The best thing you can do for your case is to hire an experienced lawyer. At SKG, our team of work accident lawyers in Stuart has a long track record of helping our clients recover the money they need and deserve. You don’t have to take our word for it. Our client reviews speak for themselves.
Reach out to us today by filling out our contact form or giving us a call and scheduling a free case review with a member of our legal team. We’ll look over your case, answer your questions, and advise you of your legal rights and options. There is no obligation to retain our services, so don’t hesitate to get started.