Can I File a Lawsuit Against My Employer Outside of Workers’ Compensation?

When you are injured while on the clock, it’s important to understand the legal options to help compensate you for the damages you’ve endured. While most people are familiar with the fact that they can file a workers’ compensation claim, some may wonder if they can bypass this process and instead file a direct lawsuit against their employer. Unfortunately, the answer is complicated and depends on several factors. As such, if you are unsure of your options, you’ll want to keep reading to learn if you can file a claim against your employer and whether or not this is in your best interest. You’ll also learn the importance of working with a Florida workers’ compensation attorney to help you through these difficult times.

When Can I File a Lawsuit Instead of Submitting a Workers’ Compensation Claim?

First and foremost, it’s imperative to understand that in the vast majority of instances in which workers are injured on the job, they are unable to pursue a personal injury lawsuit against their employer. This is because the workers’ comp system is no-fault, meaning employees are eligible for benefits even if they are to blame for the accident.

However, there are instances in which you may be able to sue your employer for compensation following an injury sustained at work. This is applicable under the following circumstances:

• Your employer does not have workers’ compensation insurance
• The accident was the result of gross negligence
• You were intentionally injured by your employer
• You were injured by a third party, like an independent contractor or vendor

Why Would I Want to Sue My Employer?

There are several reasons that someone may wish to pursue a personal injury lawsuit against their employer when possible, rather than pursue a workers’ compensation claim. One of the most important factors for many is that they can receive greater compensation for the injuries sustained. When you file a workers’ compensation claim, you are generally only able to recover compensation for your medical expenses, a portion of your lost wages, and, if necessary, funeral expenses. However, with a personal injury claim, you are eligible to seek compensation for the full extent of your lost wages as well as non-economic damages.

Non-economic damages represent intangible losses you may suffer from your injury, like pain and suffering, loss of enjoyment of life, humiliation, and mental anguish, among others. Because these losses do not have an associated value, you’ll find that calculating these losses can be incredibly difficult.

However, you should note that one downside to a lawsuit over a workers’ comp claim is that your negligence will be considered. Unlike a workers’ compensation claim, in which you can recover funds even if you are entirely at fault for the injury you’ve endured on the job, you will be subjected to Florida’s 50% comparative negligence system. As such, if you are more than 50% responsible for the accident you’ve endured, you cannot recover compensation. Additionally, if you are partially negligent, your compensation will be reduced by your percentage of fault in the accident. For example, if you’re awarded $100,000 but deemed 30% liable, your award will be reduced by 30%.

As you can see, these matters can be challenging to navigate, so working with an attorney with the Law Firm of Kevin A. Moore is in your best interest. Contact us today to learn how we can assist you with these matters.