Regardless of whether you are eligible for workers’ compensation, if you were injured on the job, you could also have a personal injury claim. If you do, you will want to hire a lawyer to assert your legal rights, as workers’ comp does not cover all of the costs associated with workplace injuries. Here, Fort Lauderdale workplace accident lawyer Joseph Maus explains what you need to know about fully recovering your losses after an accident on the job:
When Can You File a Personal Injury Claim for a Workplace Accident?
When it comes to workplace injuries, there are two circumstances in which injured workers can file personal injury claims to recover their losses. These are:
- You are not eligible for workers’ compensation. If you are not eligible to file for workers’ comp (i.e. because you are an independent contractor rather than an employee), then you can file a personal injury claim against your company or any other company that is liable for your injury.
- A company other than your employer is liable for your injury. If you are eligible for workers’ comp, you cannot file a personal injury claim against your employer (in most cases), but you can sue any other company that is responsible for the accident in which you were injured.
How Do You File a Personal Injury Claim for a Workplace Accident?
Filing a personal injury claim is very different from filing a workers’ compensation claim. You will need to hire a lawyer to investigate and gather evidence; and, while your personal injury claim might settle, your lawyer will also need to be prepared to go to trial if necessary.
As an injured worker, the most important thing you can do in order to protect your legal rights is to see a doctor promptly. While you may need to see an authorized doctor in order to protect your right to workers’ compensation benefits (if you are eligible), you should see your own doctor for purposes of your personal injury claim. At Maus Law Firm, we can provide you with a referral to a specialist in the Fort Lauderdale area.
Why Should You File a Personal Injury Claim if You are Eligible for Workers’ Comp?
If you are eligible for workers’ comp, why should you file a personal injury claim? As mentioned above, workers’ comp only provides partial coverage for the costs associated with workplace injuries. Specifically, if you have a workers’ comp claim, you can recover:
- Your injury-related medical expenses (until you reach “maximum medical improvement”)
- Up to two-thirds of your lost wages
However, if you have a personal injury claim, you can recover:
- Your injury-related medical expenses
- Your lost wages and lost future earnings
- Your other out-of-pocket costs
- Damages for pain, suffering and emotional trauma
- Damages for scarring and disfigurement
- Damages for loss of companionship, consortium, enjoyment of life, services and support
Schedule a Free and Confidential Consultation at Maus Law Firm
Do you have a personal injury claim for your workplace accident in Fort Lauderdale? To find out, schedule a free consultation at Maus Law Firm. To discuss your situation with attorney Joseph Maus in confidence, call 855-999-5297 or tell us how we can reach you online now.