Employees injured on-the-job in Florida are entitled to collect workers’ compensation benefits from their company’s insurance policy.
But in addition, they may also have ground to pursue third-party litigation against others who may bear some responsibility for their injuries.
Workers’ compensation benefits are not awarded based on fault, so long as the employee was injured in the course and scope of employment and the injury arose out of employment. Employees can almost never sue their employers for a work-related injury, as workers’ compensation is considered the exclusive remedy.
They can, however, take action against others. But keep in mind, whatever compensation is collected in these actions may be subject to a lien by the employer’s insurer. Usually, it’s still worthwhile to take legal action against third parties because what you are awarded is usually far in excess of what you receive in workers’ compensation. That’s because workers’ compensation only pays for medical bills, a fraction of lost wages and nothing for pain and suffering. Continue reading