Workers’ compensation is a system designed to protect employees injured on the job. It provides medical benefits and lost wages, regardless of who was at fault for the accident. However, there are situations where workers’ comp may not be enough to cover the full extent of your injuries and losses. In some cases, you may need to file a lawsuit against your employer in Miami to recover additional compensation.
Understanding Workers’ Compensation in Florida
Florida law requires employers to carry workers’ compensation insurance. If you’re injured at work, you’re generally entitled to benefits, including:
- Medical expenses: Coverage for doctor’s visits, hospital stays, surgery, medication, and rehabilitation.
- Lost wages: Payments to replace a portion of your lost income if you’re unable to work.
- Death benefits: Benefits for surviving family members if the injury is fatal.
When Can You Sue Your Employer?
While workers’ comp is usually the exclusive remedy for workplace injuries, there are exceptions where you can sue your employer in Miami:
- Intentional Tort: If your employer intentionally caused your injury or acted with gross negligence that was substantially certain to result in injury, you can file a lawsuit. This is a high bar to clear, requiring proof that your employer deliberately intended to harm you.
- Uninsured Employer: If your employer illegally failed to carry workers’ compensation insurance, you can sue them directly for damages.
Statute of Limitations
It’s crucial to act quickly if you plan to sue your employer. Florida has a statute of limitations that limits the time you have to file a lawsuit. It’s important to contact the Miami work injury lawyers at The Law Offices of Jose M. Francisco as soon as possible following an accident.
Seeking Legal Advice
Workers’ compensation and personal injury law can be challenging. If you believe you have a valid claim against your employer, it’s essential to consult with an experienced Miami workers’ compensation attorney. They can evaluate your case, advise you on your legal options, and help you pursue the maximum compensation you deserve.
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