Were you injured on the job due to no fault of your own? If so, you’re most likely wondering what you need to do to get adequately compensated for your injuries. Please continue reading and reach out to a seasoned Jacksonville personal injury lawyer from Ansbacher Law to learn more about work injuries and how we can help guide you through the legal process ahead. Here are some of the questions you may have:
What should I do if I’m injured on the job?
If you’re injured on the job, it is paramount that you do what you can to document the incident. This means taking pictures of what caused your injury (e.g. you were hurt as a result of an OSHA violation), notifying your supervisor of your injury immediately, and ensuring you receive immediate medical attention. You should also ask anyone who saw your accident happen for their contact information, as they may corroborate your personal injury claim at a later date. Failing to notify your supervisor and receive prompt medical treatment can have a significant and negative impact on your ability to recover compensation via a workers’ compensation or a third-party claim, so it’s imperative you do so timely.
What’s the difference between workers’ compensation and third-party claims?
Essentially, workers’ compensation is a type of no-fault insurance that most employers in Florida are required to purchase. As long as an employee can prove they were hurt on the job, regardless of whose fault the injury was, they should qualify for compensation via a workers’ compensation claim. Workers’ compensation benefits should cover the cost of an injured worker’s medical treatment and a portion of their lost wages.
Third-party claims, on the other hand, are fault-based personal injury claims against a party who is not a person’s employer. For example, if you were injured on the job due to dangerous property conditions, a careless independent contractor, or even due to defective power tools, you likely can file a third-party claim against the liable party. Unlike workers’ compensation claims, there is no cap on the amount of damages you can recover in a third-party claim.
How long do I have to file either claim?
In the state of Florida, you are required to report a work injury to your employer or supervisor within 30 days of the date it happened if you wish to file a workers’ compensation claim. That said, it is always best to report the injury either the day it occurred or the day after. Third-party claims, on the other hand, generally have a four-year statute of limitations, but it’s always best to file your claim as soon after your accident as you can.