Can I File Both Workers’ Compensation and an Injury Claim?

You may know for certain that your Florida-based company offers a workers’ compensation program that covers your employment category. So after a workplace accident, it may be easy enough to file a claim through this no-fault insurance system. However, if you believe that another party’s negligence heavily contributed to your incurred injuries and damages, you may prefer that justice be served in the form of a personal injury claim. Well, for this, please follow along to find out whether to file for workers’ compensation, a personal injury claim, or both, and how a lawyer proficient in qualifying Florida workers’ compensation injuries at The Law Firm of Kevin A. Moore can help you coordinate this legal work.

Can I file for both workers’ compensation and a personal injury claim?

First things first, even if you are a protected employee under your employer’s workers’ compensation program, your accident must have occurred in the course of your employment to be eligible for a claim. So, for example, if you were assigned the duty of moving heavy materials and you incur a serious back injury when lifting or carrying them. With this, your employer’s insurance company may cover your medical bills and lost wages. 

However, your workplace accident may have been prompted by another party’s negligence. For example, if you were handling a piece of equipment when it randomly malfunctioned, a manufacturer may technically be at fault. In this case, you may be leaving a lot of money on the table if you do not pursue a personal injury claim, as well. Specifically, you may seek damages for pain and suffering, emotional distress, and loss of enjoyment of life, all of which are unavailable through workers’ compensation. 

With this, though, even if you believe your employer was the negligent party in your incident, you may be barred from suing them. This is generally due to the “exclusive remedy” part of workers’ compensation law. The only exceptions to this rule are if you have undeniable proof that your employer deliberately intended to cause your injury, engaged in conduct that was virtually certain to cause serious injury or death, or behaved with extreme, egregious disregard for your safety. 

How long do I have to file either claim in the state of Florida?

Even if you have yet to figure out whether you will have to file for workers’ compensation or a personal injury claim, it is best to report your workplace injury right away. This is because, to remain eligible for workers’ compensation benefits, your injury must be on the record within 30 days of your accident. 

Then, if you experience a denial with your employer’s insurance company, you may submit a formal Petition for Benefits with the Florida Division of Workers’ Compensation within two years of your accident. Or, if you experience an issue in the middle of receiving benefits, you may file within two years of your last authorized payment or treatment. 

Similarly, the statute of limitations for your potential personal injury claim is also two years. This may be two years from your accident date, or two years from when you reasonably discovered your injuries. Of note, it is okay to pursue this lawsuit while you are still collecting workers’ compensation payments, so there is no need to delay it. 

Once you are confident in which claim to pursue, all that is left to do is contact a lawyer who is talented in qualifying Florida workers’ compensation injuries. Reach out to The Law Firm of Kevin A. Moore. We look forward to hearing from you.