If you’ve been hurt on the job in Miami, Florida, you might be facing a range of challenges. You might be facing a long course of rehabilitation and medical treatment. You may have had to miss time from work as a result of your injury, may be disabled, or may need to train for another line of work. Most workers are entitled to receive workers' compensation benefits. There are only certain limited situations where employers are exempt from providing their employees with workers' compensation benefits. If you are covered by your employer’s workers' compensation insurance, you generally won’t be permitted to sue your employer for an injury on the job. However, workers' compensation insurance should cover your medical expenses, rehabilitation costs, lost wages, and some other expenses associated with a workplace injury.
Sometimes, workers have difficulty with their workers' compensation claims. Has your workers' compensation claim been denied? Do you feel that the money you are being provided for workers' compensation benefits is too low to cover your losses, medical expenses, and costs? Is your employer telling you that you are not eligible for workers' compensation benefits? Do you need to dispute a denied claim? Orlando R. Murillo, P.A. is a workers' compensation law firm in Miami, Florida that may be able to assist you with your claim today. In some cases, workers may even have options outside of workers' compensation when it comes to seeking damages for their losses.
What are Some Situations Where You May Be Able to Sue Your Employer Outside of Worker’s Compensation?
In most cases, workers' compensation claims will be the means through which an injured worker can receive money to cover medical bills, lost wages, and other losses associated with a workplace injury. The benefits of making a workers' compensation claim is that you won’t have to prove that your employer was at fault for your injury in order to enjoy benefits. However, there are certain situations where workers may be able to make a personal injury claim against an employer. What are these situations?
If your employer was aware of a hazard in your workplace and took no steps to mitigate these risks, your employer could be liable for your injury. For example, if your employer intentionally created a situation that was knowingly hazardous to workers on the job, and you were injured, you may be able to pursue a personal injury claim against your employer. Sometimes, employers cut corners, fail to provide workers with proper safety equipment or don’t repair defective equipment. Furthermore, if your employer doesn’t have workers' compensation insurance or if you are an exempt employee, you may be able to seek damages from your employer for your medical bills and lost wages through a personal injury claim. If a toxic substance or defective product resulted in your injury, you may have the right to pursue a lawsuit against the manufacturer of the product or substance. Finally, if another party caused your injury—a driver, a delivery person, or another company—you may be able to pursue a lawsuit against this party.
Sometimes, individuals are able to collect workers' compensation benefits in addition to pursuing a lawsuit for additional losses and damages from product manufacturers or even from an employer who failed to properly secure the workplace from hazards. Individuals injured by toxic substances may have the right to pursue a lawsuit against an employer if he or she fails to properly provide safety equipment. Or, if a product used on the job contained a toxic substance, the employee may be able to sue the product maker for exposure to the toxic substance.
Generally, workers' compensation insurance claims will be a worker’s best recourse after an injury on the job. However, every case is unique, and not all workers are covered by workers' compensation. Orlando R. Murillo, P.A. is a workers' compensation and personal injury lawyer in Miami, Florida who works closely with individuals who have been hurt on the job, assisting them with making claims for their injuries—either through workers' compensation or through personal injury lawsuits.
Making a Worker’s Compensation Claim
The first step to take if you’ve been injured on the job in Miami, Florida is to try to make a workers' compensation claim. If your claim was denied or delayed, or if your employer is telling you that you aren’t covered, you have the right to dispute your denial, or you may have the right to seek damages through a personal injury lawsuit. Have questions about your rights or your next steps? Orlando R. Murillo, P.A. is a workers' compensation law firm in Miami, Florida, that works with those who have been hurt on the job. Contact us today to learn more and connect with a workers' compensation lawyer at our office.