Tampa No-Fault Claims Lawyer
When you are hurt or become ill as a result of conditions at the workplace, you probably wonder about your different options under personal injury and Florida workers’ compensation laws. Though there are certain exceptions, the general rule is that you cannot file a lawsuit in court against your employer for the losses you suffer. The workers’ compensation system provides many types of benefits to help you with your recovery, but the caveat in most situations is that this route is your sole remedy.
Still, because exceptions exist, any work-related injury or illness is reason to consult with our Tampa workers’ compensation lawyers at Barbas Nuñez Sanders Butler & Hovsepian. Our lawyers have 65 years of combined experience assisting clients in Hillsborough County and the Tampa Bay region, so we can provide you with guidance on your options. Please contact our office at 813-279-2686 to set up a free consultation, where we can review your circumstances and help you understand your rights. Some important information regarding workers’ compensation and no-fault claims is also useful.
Florida Employers are Generally Immune to Workplace Accident Claims
Florida is a no-fault state for purposes of workers’ compensation, so filing a claim through this channel is your exclusive remedy if you are injured at work. The workers’ compensation program provides almost immediate benefits to employees, so long as they meet certain requirements; however, these requirements do not include proving that the employer was negligent or otherwise at fault. In exchange for prompt payment of medical costs and lost wages, workers give up their rights to file a civil lawsuit.
How a Florida Workers’ Compensation Claim Works
When you file a claim under the workers’ compensation system, you are not suing your employer. You actually submit all required information to the insurance company that provides coverage under your employer’s workers’ compensation policy. With rare exceptions, all Florida employers must carry workers’ compensation insurance to protect their employees in the event of a workplace accident. As such, you are requesting coverage under the policy and applying to receive insurance benefits.
After you file your claim, you will receive paperwork that contains information regarding your rights and obligations through the workers’ compensation process. Typically, this packet will include an explanation regarding the prohibition on filing a civil suit in court.
There are two exceptions to the rule regarding workers’ comp, which would allow you to sue your employer directly for your injuries. Instead of filing a claim for insurance benefits, you would go to court and present evidence showing that your employer is liable. You can pursue remedies in a civil lawsuit if:
- Your employer fails to carry workers’ compensation insurance coverage; or,
- Your employer engages in intentional misconduct that is intended to create a workplace hazard and endanger employees.
Get Answer from a Tampa Workers’ Compensation Lawyer
If you were injured at work and have questions about your rights under Florida workers’ compensation laws, the attorneys at Barbas Nuñez Sanders Butler & Hovsepian can help. Please call our Tampa, FL office at 813-279-2686 or visit us online to schedule a free consultation regarding your claim.
