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Hurt at Work - Can I Sue?
At Wolfson & Leon, our Miami personal injury lawyers get this question all the time from people injured on the job. They want to know if they are stuck with worker compensation as their only avenue of recovery following a serious injury. In many cases, people injured at work are left only with their work comp benefits. However, under certain factual scenarios there may be an opportunity to hold a third-party responsible for damages.
In general, if you were injured during the course and scope of your employment then your first claim will likely be under your employer’s workers’ compensation insurance. In Florida, work comp pays for your medical bills and some of your lost wages without regard to fault. The policy behind work comp law is to provide employees with medical and lost wage benefits without consideration of fault. In exchange for the payment of benefits, employees are generally prohibited from suing their employer for negligence. From a policy standpoint, this was the trade-off that resulted in the work comp laws.
Public and Private Employers in Miami-Dade CountyThe top public or government employers in Miami include:
| Miami-Dade County Public Schools | 33,477 |
| Miami-Dade County | 25,502 |
| Federal Government | 19,200 |
| Florida State Government | 17,100 |
| Jackson Health System | 9,800 |
The top private entity employers in Miami include:
| University of Miami | 12,818 |
| Baptist Health South Florida | 11,353 |
| American Airlines | 11,031 |
| Carnival Cruise Lines | 3,500 |
| Miami Children's Hospital | 3,500 |
| Mount Sinai Medical Center | 3,321 |
| Florida Power and Light Co. | 3,011 |
| Royal Caribbean International | 2,989 |
| Wells Fargo | 2,050 |
| Bank of America | 2,000 |
Analysis of a Work Comp Claim Searching for Third Party Responsibility
The analysis of the work comp claim is like any other insurance claim. It begins with whether you as an employee qualify for coverage. The next step is to determine if it is a covered loss. Once it is determined that you qualify for coverage and that your injuries came because of an incident or accident that was covered under work comp law, then benefits should be paid.
The Miami injury and accident lawyers at Wolfson & Leon do not handle work comp claims. However, we have strategic alliances with excellent work comp specialists who gladly assist folks who are injured on the job. But before we make any referrals, we investigate and analyze the facts of your injury and loss. This is important to either identify or eliminate any potential third-party responsibility for your injuries and damages.
The personal injury lawyers and wrongful death attorneys at Wolfson & Leon have been assisting and representing personal injury victims since 1963. We understand the need for in-depth investigation and analysis of the facts of any accident or incident to make sure that all responsible parties are held accountable.
Over the years, our Miami accident and injury lawyers have identified and pursued financial recovery against responsible third parties in work injury cases such as:
- Products liability against manufacturers or retailers
- Claims against maintenance and/or janitorial contractors for slip and fall; trip and fall; and general negligence
- Drivers and owners of automobiles involved in car accidents with people who were on the job
- Claims and lawsuits against bus drivers, taxicabs and private transportation vehicles.
- Personal injury claims against Uber and Lyft drivers who injured people in car accidents while they were working
- Medical Malpractice for treatment following the on the job injury
- Pedestrian accident and injury while working
- Trip and fall accident on public or private property in Miami while working on the job
- Motorcycle accidents including personal injury and wrongful death of employees during the course and scope of their employment
- Accidents with trucks during working hours
- Negligent security claims against private companies or land owners for injuries while working on a job.
At Wolfson & Leon our personal injury attorneys and wrongful death lawyers are available to help you figure out if there is a potential third-party may be responsible for your on-the-job injuries. We offer free consultations. We can sit down with you and investigate the facts of your accident. If we are unable to identify a responsible third-party that should be held accountable, then we will gladly provide you with the names, addresses and phone numbers of work comp attorneys who we work with on a regular basis. Just call us at (305) 285-1115 for your no obligation consultation.
Our Miami injury and accident lawyers offer and provide legal representation for all injury victims in the neighborhoods and communities of South Florida including but not limited to Hialeah, Homestead, Miami-Dade County, Wilton Manors, Miami Lakes, North Miami Beach, Hollywood, Miami Gardens, Hialeah Gardens, Boca Raton, West Palm Beach, Kendall, Fort Lauderdale, Weston, Broward County, Doral, Pembroke Pines, Palm Beach County and Homestead.
