Workers’ Compensation and Third Party Liability
Most people think of the construction industry, firefighting, police work or other inherently dangerous jobs when discussing job related injuries. In actuality, a serious job related injury may occur to persons working in the most docile environments. Regardless of the risk level, an employee who is injured on the job, should under the law, be covered by workers' compensation provided by his or her employer. Workers' compensation is exactly as the name implies. It compensates the worker for injuries sustained on the job for lost wages. It also protects the employer from a lawsuit as the result of the injury. What it does not do is provide long term financial recovery, payment for present or future medical bills, rehabilitation and compensation for pain and suffering. Does workers' compensation leave you no without options for recovering a cash settlement for your injuries? In many cases it does, however, most injured parties are never aware of their options.
Third Party Responsibility
For example, an office worker is walking to the rest room in a building where their employer is a tenant. They slip and fall on a wet floor that was not dried properly by the maintenance company hired by the building owner. Who is responsible for their injuries? Is it the building owner or the maintenance company? Because they were on break are they still considered to be performing their job?
In another case a driver is delivering some auto parts to a repair shop. He steps from his vehicle and is struck by a vehicle being driven by the auto technician backing out of the bay. He was in the act of performing his job but clearly was not injured due to performing his job, but by an employee of the auto repair company. How and where does he file a claim?
Total and Partial Disability Payments
In case of serious injury where an injured worker cannot return to the job they are paid temporary total disability (TTD). This is equal to 2/3 of their wages, or as much as 80 percent, in some cases, for a period not to exceed 104 months. If the employee may return to work at a reduced wage job, they are paid partial temporary disability (PTD) where they are compensated for the difference between the new lower wage and 80% of their original earnings. PTD will continue for the length of the disability up until age 75.
A person who is injured, and applies for workers' compensation for total disability, may run into a great deal of difficulty navigating the complex and ever changing laws. They are facing a lifetime of lost income and medical expenses while receiving coverage for a maximum of two years. Insurance companies focused solely on their profit margins may deny the claim entirely. Those are only a couple of reasons why anyone who is seriously injured on the job needs an experienced workers compensation attorney.
In many workers' compensation cases, there is a third party that is wholly or partially responsible for the injury. Florida law requires an employer, with more than four employees, to carry workers compensation insurance. That coverage does not apply to sub-contractors, independent contractors, property owners and managers, independent maintenance workers or any other parties not directly employed by the policy owner.
If you were injured on the job call an experienced workers' compensation lawyer as soon after medical treatment as possible. If you feel that the accident may possibly be the result of negligence by a third party or for help in filing your claim there is no substitute for a skilled workers' compensation attorney. Dolman Law Group Accident Injury Lawyers, PA has the team of attorneys available to determine the true cause of your injury and who was responsible. You may be entitled to claim a large cash settlement for your pain and suffering and for a lifetime of financial loss. Call today to speak with an attorney at Dolman Law Group Accident Injury Lawyers, PA. You pay nothing until we win.
Dolman Law Group Accident Injury Lawyers, PA
800 North Belcher Road
Clearwater, FL 33765
727-451-6900