Clearwater Personal Injury Attorney
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Clearwater Workplace Accident Attorney

According to the Occupational Safety and Health Administration (OSHA), 4,585 workers were killed on the job in 2013, and one in five fatalities occurred in the construction industry. Whether you work in a hazardous occupation or not, workplace accidents do happen, some of them causing serious personal injury or even death. While most people think they are limited to filing for Florida workers’ compensation benefits when they are injured on the job, this is actually not the case. The Clearwater workplace accident attorneys at Roman & Roman help injured workers maximize the compensation that is available to them for an on-the-job injury caused by the negligence of others.

Knowledgeable Clearwater Workplace Accident Attorneys Explain Lawsuits Against Employers

The general rule is that a worker cannot sue the employer in a workplace accident but must instead rely on workers’ compensation benefits exclusively. There are, however, situations where Florida law allows an injured employee to sue the company. Generally speaking, lawsuits may be allowed in the following instances:

  • The employer does not have workers’ compensation insurance
  • The employer commits an intentional tort that injures the employee, and the employer deliberately intended to injure the worker
  • The employer commits an intentional tort that injures the employee, and the employer engaged in conduct that the employer knew was virtually certain to result in injury to the worker

The last two instances mentioned above require a higher standard of proof than other negligence cases, but even though they are more difficult, our Clearwater workplace accident attorneys will invest the time and extra effort in appropriate cases to hold employers liable for such intolerable conduct.

Third Party Liability for Workplace Accidents

Besides those limited situations where Florida law permits the employee to sue the employer, there are also a number of instances where a third party unrelated to the employer is responsible for causing the accident or injury. In those cases, an injured worker is free to bring a civil claim or lawsuit against that negligent third party, regardless of whether the employee is also filing for workers’ compensation benefits. Here are just a few examples of when third party liability may apply:

  • You are involved in a car or truck accident while you are on the clock picking up supplies, making deliveries or traveling to a job site
  • You are working off-site and are injured because of a dangerous condition on another’s property or premises
  • You are injured by a defective product that you are using, such as a faulty tool or piece of machinery that was defectively designed or defectively manufactured

Get Help with Workplace Accident Claims from Experienced Clearwater Workplace Accident Attorneys

When you are injured on the job, it is important to follow the rules for notifying your employer or workers’ comp carrier promptly in order to secure your rights to workers’ compensation benefits. It is also worthwhile, however, to contact a Clearwater workplace accident attorney of your own to determine whether third party liability may apply, which might enable you to get a higher level of compensation than is available from workers’ comp. Our workplace accident attorneys offer a complimentary initial consultation, so it will not cost you anything to talk to us. One phone call could lead to additional money in your pocket to help compensate you for your medical expenses, lost wages, pain and suffering and other legal damages. In Clearwater, Tampa & Hudson, contact the personal injury attorneys at Roman & Roman for advice and assistance with your workplace accident claims.

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