Please accept today’s question and response from the accident lawyer from Boca Raton (injury lawyer Kendall, Florida accident attorney Aventura, injury attorney Coconut Grove, accident lawyer Westchester, injury attorney West Kendall, Florida, accident lawyer South Miami) at Drucker Law Offices will respond to this question.
Generally, when you are injured at work, workers’ compensation will apply. Workers’ compensation will pay your medical bill, in the past and in the future, plus it will pay you 2/3 of the time that you missed from work. By receiving workers’ compensation benefits, your sole remedy against your employer is for those benefits. In other words, you cannot ALSO generally sue your employer in personal injury outside of workers’ compensation. However, when you are injured by someone who is not your employer (a third party), then you can make a claim against that person. In the case described above, you may be able to make a claim for your injuries against the store. You would be able to recover for your medical expense (which would have to be repaid to worker’s compensation), ALL of your lost wages (2/3 of which would have to be repaid to workers’ compensation, PLUS pain and suffering.
Every case is unique and should be judged based on the specific facts of the case. The advice in this blog is intended to be general and should not to be construed as specific advice for a case or your case. A minor difference in the facts of the case in a fact pattern such as above could change the result. Also, this blog is, as the web site suggests, based on Florida law and the laws of any other states could vary from Florida.
If you have any questions regarding an injury case that happened while you were working, please call Drucker Law Offices at 561-483-9199 in the principal office in Boca Raton, 954-755-2120 in the satellite Coral Springs office, 305-981-1561 at the satellite Miami office, 561-265-1976 at the Boynton Beach office or 561-686-7070 at the West Palm Beach office.
