Work Injury Lawyers Serving Gainesville
Gainesville, Florida, is a great place to live and work, but like any other area, workplace injuries can occur. That's why knowing the laws surrounding work injury claims in Gainesville, Florida, is important.
If you are injured while on the job in Florida, you may be entitled to receive compensation for lost wages and medical expenses related to your injury. This can include payment for costs such as physical therapy, prescription medications, and lost wages due to being unable to return to work.
For your claim to be eligible for benefits, it must be filed within two years of the date of injury. This time limit is strictly enforced, so it's important that you act quickly if you are injured on the job.
For you to be eligible for benefits from a work injury claim in Gainesville, your employer must carry workers' compensation insurance coverage. It's important that you verify this before taking any action regarding filing a claim.
Filing a work injury claim in Gainesville doesn't have to be complicated with the right information and preparation. Knowing what steps need to be taken before filing can save you time and energy during an already difficult process.Can I File a Third-Party Work Injury Claim If I Receive Workers' Compensation Benefits?
The short answer to this is yes—but with one big caveat. You can only file a third-party work injury claim if you establish that someone other than your employer was partially responsible for your injury.
This means that you must demonstrate that the accident or incident leading to your illness, injury, or disability resulted from negligence on behalf of another party—rather than solely due to your lack of skill or carelessness.
It's important to note that workers' compensation benefits are typically meant to assist while you cannot work, so they do not have any connection with filing a third-party claim. If you receive workers' comp benefits, you can still pursue additional compensation from any third parties who may have contributed to your injury in some way.
However, it's important to be aware that some employers don't want their employees filing third-party claims, so be sure to review any applicable work rules and regulations before taking legal action against a third party.Who Is Considered a Third-Party in A Work Injury Claim?
If you’re filing a work injury claim from Florida, there are several third parties you should know about. A third party is any individual or company that is not your employer but who may be involved in your injury and/or can be held responsible for it.
The most common type of third party involved in a work injury claim is the manufacturer of any products or tools used during the job, which may have been a factor in the accident. Even if your employer provides those products, the manufacturer could be liable for any damages resulting from the product’s faulty design or functionality.
Another common third-party involved in work injury claims is a subcontractor. If you’ve been injured while working on someone else’s job site as a subcontractor, then both the hiring company and the subcontracting company may be held accountable depending on who was responsible for providing and maintaining safe working conditions on the job site.
Lastly, if another person injures you at work, they could be considered a third party in your claim. This could include co-workers, customers, vendors or anyone else on site when the accident occurred. Knowing which parties are considered third parties in your claim is key to understanding who might potentially be held liable for your injuries.Can I File a Work Injury Claim If a Defective Product injures me At Work?
You can file a work injury claim if you're injured at work by a defective product, like a tool or machine. The important thing to note is that the product must have been used during your work and must have been "unreasonably dangerous" when used as intended—so basically, it was defective and should never have been put into use. To file a successful claim, you'll need to prove several things:
- That you were injured at work from a defective product.
- That the product was "unreasonably dangerous" when used as intended.
- That it was the product that caused your injury and not another factor (like your own carelessness).
- That the product was being used in the course of your work when it caused the injury.
If all of these conditions are met, then you may be able to make a successful claim for compensation under Florida law. However, it's important to remember that every situation is unique, and you should consult with an experienced workers’ compensation attorney before filing any claims.Can I Receive Vocational Rehabilitation Benefits Under Workers' Compensation?
Another key question you should ask yourself is whether you can receive vocational rehabilitation benefits under workers' compensation in Florida. The answer is yes! You may be eligible for vocational rehabilitation benefits through the Workers' Compensation Law in Florida.
These benefits can help if you've been injured and affect your work—by helping you to plan, find, and even pay for retraining and other services that may help you to return to work. To qualify for these services, a doctor must certify that the injury or illness affects your ability to return to practice in your prior occupation. The steps that you need to take to access these benefits are quite straightforward:
- Request an Initial Evaluation: You must submit a written request for an initial evaluation by a doctor approved by the state of Florida within 180 days of the date of your last medical visit or treatment related to the injury.
- Participate in Evaluation Appointment: Ensure you arrive on time for the evaluation appointment with all relevant records and documents proving your case. Be prepared to answer any questions from the physician.
- Agree on a Reasonable Plan: After the evaluation, the physician will determine if vocational rehabilitation is necessary and then construct a reasonable plan for your recovery, including goals, services provided and payment terms.
- Follow Through with the Plan: It's important that you follow through with all actions of the plan to not jeopardize any potential benefits due to negligence or failure of cooperation by either party involved in processing your claim or providing services as part of the rehabilitation plan.
If your employer retaliates against you for filing a work injury claim, you have a few options to consider. First, you can contact the U.S. Department of Labor’s Wage and Hour Division, who may be able to help. If that doesn’t resolve the issue, consider filing a lawsuit against your employer in state or federal court. To prove retaliation, you must show the following:
- You made a protected complaint or filed a workers' compensation claim.
- Your employer took adverse action against you after the complaint/claim was made.
- There is a causal connection between the two incidents.
- You suffered damages as a result of the retaliation.
Examples of adverse action from employers include demotions, termination, decreases in pay or changes in job duties. If your employer does take any of these actions after you submit your work injury claim, then hiring an attorney is recommended so they can review the facts of your case and determine whether it meets all of the criteria for retaliation laws in Florida.Will I Have to Go to Court for My Work Injury Claim?
Before you file for a work injury claim in Florida, you might wonder if going to court is inevitable. After all, nobody wants to waste time and energy going through a legal process.
The good news is that most Florida work injury claims are settled through negotiations between the employee, employer and their insurance carriers — without ever having to step foot in a courtroom. However, if negotiations fail and both parties reach an impasse, the injured worker may have no option but to take the case to court if they want compensation.
Some situations that might necessitate a court battle include when:
- An employer denies your claim due to insufficient evidence.
- The settlement offered by an insurance company isn’t enough to cover expenses related to your injury.
- You disagree with the way your employer has categorized or classified your injury.
- You can’t agree about whether you were entitled to warnings about potential hazards at work before the accident.
Luckily, with proper planning and preparation and having representation from an experienced work injury attorney by your side from the start, you can increase your chances of avoiding a courtroom battle.What If I Am Injured While on Break or Lunch?
If you get injured while on break or lunch, it can affect your ability to file a work injury claim in Florida. Though the rules differ slightly between employers, typically, you cannot file a work injury claim if you were not “in the course and scope of employment.”
This means that workers' compensation insurance typically does not cover any off-task activity, like going out for coffee or lunch. So, while it may be extremely frustrating, typically, you won’t be able to receive any benefits if your injury happens while taking a typical lunch break.
Now, if your employer requires you to perform a certain task during the break, like caring for an animal on their property or transporting certain materials from one place to another--then your hour of rest may still be considered “on the clock,” and you may still be able to file a claim in that case. However, this can get complicated quickly, so it's important to seek advice from an attorney if this question applies to you.Can I File a Work Injury Claim If I Am Injured While Under the Influence of Drugs or Alcohol?
So, you're wondering if you can file a work injury claim if you were under the influence of drugs or alcohol when your injury happened. The short answer is it's complicated, but here's what you need to know:
In some states, like Florida, workers' compensation laws prohibit an employer from refusing a claim due to intoxication or drug use. However, if an employee's intoxication was contributing to the cause of the accident, or if the employee was engaged in illegal activity involving drugs and alcohol when the accident occurred, then the employer may not be legally required to pay for medical expenses and lost wages.
The best advice is to talk to your employer as soon as possible after your injury and make sure they are aware of any intoxication or drug use before filing a work injury claim in Florida. Doing so will help ensure you understand their policies and that all information is promptly shared.What If I Am Injured While on A Business Trip?
If you are injured during a business trip in Florida, it's important to know your rights. Here are a few things to consider before filing a work injury claim:Did You Have to Travel?
If you were required to travel for work—whether it’s in-state or out-of-state—then it's likely that your claim will be covered by Florida state law.Were You Engaged in Work-Related Activity at The Time of Injury?
If the injury occurred while doing something directly related to the job, your claim should be covered in Florida. This includes injuries sustained between job sites and while participating in team or business events.Was The Injury Unforeseen or Self-Inflicted?
If your injury was caused because of your negligence, then this is not covered under Florida law. It’s also important to understand that if you engage in activities during business travel that can be considered dangerous (such as skydiving), you are probably not entitled to receive any benefits from the company for those injuries.
The best option is to always speak with an experienced lawyer specializing in work injury claims who can help assess your situation. This way, you can better understand how your specific case will be handled and your rights as an injured worker in Florida.Can I File a Work Injury Claim If a Co-Worker injures me?
If you're injured at work due to a co-worker's negligence, you can still file a work injury claim in Florida. This type of claim is known as a third-party liability claim, and it allows you to file against the party that is responsible for your injuries.
To pursue this type of claim, there are a few conditions that must be met:
- The party responsible for your injuries must have a legal duty to you, such as an employer or property owner.
- The party must have breached their duty of care by acting negligently or intentionally causing harm.
- This breach of duty caused injury or damage.
- The damage or injury resulted in actual damages that you can quantify in monetary terms.
If these conditions are met, you can file a work injury claim against the negligent party who caused your harm. It's important to note that this type of claim typically carries its own set of rules and regulations, so it's essential that you familiarize yourself with them before filing your claim.What If My Work Injury Aggravates a Pre-Existing Condition?
Do you have a pre-existing condition that was aggravated by your workplace accident? You may still be entitled to recover for your workplace injury.
Many states will allow workers who sustain an aggravation of a pre-existing condition—or even an exacerbation of a condition from the past—to file a claim and be compensated for the injury. In Florida, you're allowed to collect so long as the work-related injury is the major or primary cause of the harm you suffered.
The best way to determine if your pre-existing medical condition is eligible for workers' compensation benefits is to speak with an experienced attorney who can review your options. An attorney can guide you through every step of the process and ensure you get the compensation you deserve.Contact Frankl Kominsky Work Injury Lawyers Serving Gainesville
If you've been injured at work, you should contact Frankl Kominsky's work injury lawyers serving Gainesville. We have decades of experience defending the rights of people injured in the workplace and have successfully recovered millions of dollars for our clients.
Our attorneys provide diligent and personalized representation to each case, giving them an unmatched level of knowledge and expertise when successfully litigating workplace injuries.
Here are a few reasons why you should contact Frankl Kominsky:
- We specialize in worker's compensation and labor law, making us experts in workplace injury cases.
- We understand the complexities of labor laws and regulations, enabling us to give you the best possible outcome in court.
- Our attorneys will fight aggressively on your behalf, ensuring you receive the maximum compensation for your claim.
- We are dedicated to providing personalized advocacy to each client, as we understand just how important your case is.
Frankl Kominsky, work injury lawyers, can help you move forward with your life after a workplace accident—call (561) 800-8000 today for a free consultation and advice on how we can help with your case.