Can I Seek Additional Compensation Beyond Workers’ Compensation Benefits?
When a workplace accident in West Palm Beach results in a traumatic injury or prolonged exposure to a particular substance or required task on a job site results in an occupational disease, the injured worker often can seek workers’ compensation benefits to help cover lost wages as a result of the inability to work in addition to providing for medical care connected to the injury or occupational disease. Yet many workers may wonder if there are options to seek additional compensation beyond those provided by workers’ compensation. While the Florida workers’ compensation system provides an exclusive remedy for most workplace injuries, there are some exceptions in which it may be possible to file a lawsuit in order to seek financial compensation for your losses.
If someone outside your work environment is at fault for your injury, you may be able to file a third-party lawsuit. For example, a machinery accident at work that results in a traumatic amputation may be the result of a defect in the design or manufacture of the machine or one of its components. In such a scenario, the injured worker may be eligible to file a product liability lawsuit against the designer or manufacturer of the defective product. Similarly, third-party lawsuits may be possible in situations where motorists crash into worksites, most commonly construction sites. For example, if a construction worker is paving a highway and a motorist fails to pay attention to a lane-change sign and collides into the construction site and causes injuries, any injured workers may be able to sue that motorist.
An experienced West Palm Beach workers’ compensation attorney can assess your case to determine whether you may be eligible to file a third-party lawsuit.
Although fault—or negligence—is not a reason for an employee to be eligible to sue an employer after a workplace injury in Florida, it may be possible to sue an employer when there is gross negligence. It can be difficult for an injured employee to tell the difference between ordinary negligence (for which workers’ compensation is an exclusive remedy) and gross negligence, but a workers’ compensation attorney in West Palm Beach can help. It is often exceptionally difficult to prove gross negligence, but it is possible in limited circumstances. An experienced attorney in workers’ compensation can help explain these circumstances.
When an employer engages in an intentionally harmful act—such as assaulting an employee and causing an injury—the employee typically can sue the employer.
Contact Our West Palm Beach Workers’ Compensation Attorneys Today
Do you have questions about seeking compensation after a workplace injury? One of the dedicated South Florida workers’ compensation lawyers at our firm can assist you. Contact the Law Offices of David M. Benenfeld, P.A. to learn more about how we can help with your case.