After a workplace accident, you need to be aware of your legal rights to recover compensation. In most cases, your only option for recovering damages will be to file a workers’ compensation claim. However, if certain conditions apply, you may be able to file a personal injury lawsuit instead. If you were injured on the job, a work accidents lawyer in Port St. Lucie can help.
At The Schiller Kessler Group, we have helped more than 30,000 accident victims recover compensation for their damages. Our team of Port St. Lucie personal injury lawyers understands the complexities of work injury cases and will do everything in our power to help you secure compensation from all liable parties. Schedule your free case review today.
How Does a Workers’ Compensation Claim Differ From a Personal Injury Lawsuit
After suffering an on-the-job injury, you need to determine whether the details of your case permit you to file a personal injury lawsuit or if the only option available for getting the money you need is through a workers’ comp claim.
Of course, if your employer does not carry workers’ compensation insurance, you will need to file a lawsuit to recover damages. However, this insurance coverage is required for most Florida employers. Workers’ comp insurance is meant to provide workers with easy access to compensation after an accident while protecting employers against lawsuits.
The Pros and Cons of a Workers’ Comp Claim
The primary benefit of filing a workers’ compensation claim after a workplace injury is that workers’ comp provides a straightforward path to recovering the money you need quickly. Workers’ compensation is designed to provide prompt payment for medical expenses and lost wages, alleviating immediate financial stress.
While it could take years to recover money through a personal injury lawsuit, you could get money from a workers’ comp claim in a matter of weeks. This quick access to funds can help cover medical bills and other expenses while you recover.
However, the downside of a workers’ comp claim is that the money you can recover will be significantly less than what could be available in a personal injury lawsuit.
The reduced compensation is in large part due to the fact that non-economic damages, such as pain and suffering or emotional distress, cannot be recovered through these claims. Workers’ compensation typically covers only medical expenses, a portion of lost wages, and rehabilitation costs.
While filing a workers’ compensation claim will not be nearly as contentious as filing a lawsuit, that does not necessarily mean you will get the money you need easily. Your employer’s insurance provider will likely conduct a thorough investigation into your claim to ensure your injury is legitimate and occurred while performing your job duties.
This can lead to delays and potential disputes over the extent of your injuries or whether the injury is work-related.
The Pros and Cons of Filing a Personal Injury Lawsuit
As mentioned, the main reason you may wish to file a personal injury lawsuit rather than pursue damages through a workers’ comp claim is the potential to recover more money.
On top of the economic damages available through a workers’ comp claim, a lawsuit can provide an accident victim with non-economic damages. In extreme cases, punitive damages may be available as well.
However, the personal injury lawsuit process is long, and you can expect a fight from the liable party and their insurance provider. After an on-the-job injury, you will only be able to file a lawsuit in the following situations:
- If your injuries resulted from your employer’s negligence
- If your employer intentionally caused you harm
- If a third party was to blame for your damages
Even if you are employed in an inherently dangerous industry, your employer must still take steps to minimize the hazards and ensure a relatively safe working environment. Should they fail to do so, you will have the right to sue them for negligence.
If the driver of a vehicle that struck you, the manufacturer of a defective tool, or another third party caused your injuries, you can file a lawsuit to recover compensation. After an on-the-job car accident, an experienced Port St. Lucie car accident lawyer can help you file a lawsuit.
More people choose The Schiller Kessler Group because they know that we’re a cut above other personal injury law firms.
Be Mindful of the Filing Deadline When Pursuing Compensation Through a Personal Injury Lawsuit After a Work Accident
When working to recover damages for an injury suffered on the job, be aware that Florida’s personal injury statute of limitations in most cases is two years.
Failure to file before the deadline will likely result in the loss of your right to pursue compensation. It is always going to be in your best interest to secure the services of an experienced work accident lawyer serving Port St. Lucie as soon as possible after your injury to learn more about your rights, ensure you meet all deadlines, and secure a positive case result.
No matter what time of day it is, you can contact The Schiller Kessler Group to schedule a free, no-obligation consultation.
The Port St. Lucie Work Accident Attorneys at Our Firm Work on a Contingency Fee Basis
When you hire the team at The Schiller Kessler Group to help you recover compensation after an accident, you will never have to worry about being charged for legal services you can not afford. Our personal injury lawyers work on a contingency fee basis, which means we only get paid if we are able to secure compensation on your behalf.
We will never charge our clients a fee to retain our services or bill our clients at an hourly rate. Instead, our team collects a single fee once we win your case, which is paid directly from the compensation you receive from the at-fault party. This fee is charged as a fixed percentage of the money you collect, giving us strong motivation to get you maximum compensation.
At our firm, we are dedicated to ensuring that all accident victims have access to experienced legal representation. By charging our clients based on results, anyone can afford to hire our team, regardless of their financial situation.
Work With One of Our Experienced Work Accidents Attorneys in Port St. Lucie Today
The best thing you can do to help ensure you recover the money you need after a work accident is to hire an experienced work accident lawyer serving Port St. Lucie. At The Schiller Kessler Group, our experienced team has a long history of winning big for our clients. Check out our client testimonials to learn more about the services we provide.
Contact us today by phone or through our online contact form to set up your free case consultation.
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