Workers Compensation: Why Aren’t You Allowed to Sue Your Employer?

Usually, when somebody gets injured on somebody else’s property, they can sue them for personal injury. For example, if you slip and fall at a grocery store, you can sue the store owner for damages. The same thing is true if you get hurt while walking on a construction site for your new home. If there is an unsafe condition and they don’t warn you about it, the construction company may be liable for damages. However, when it comes to getting hurt at work, your Miami workers comp lawyer cannot file suit on your behalf. Instead, they must navigate the workers compensation system in Florida to ensure that your claim is properly handled.

When we first meet with new clients, one of the first questions they have is whether they can sue their employer. The way they see it, they would not have gotten hurt had their employer made sure that they had safe working conditions. Unfortunately, when it comes to any work-related injury, your only recourse is to file a workers compensation claim. Of course, your workers comp attorney in Miami, Florida may be able to sue for damages in certain situations. However, these are very few and far between.

Here, we will discuss why the workers compensation system was put into place in Florida. We’ll also explain how the system is intended to protect both you and your employer. If you have any questions about your own workers’ compensation case, feel free to contact our office directly. You can sit down and meet with one of our Miami workers comp lawyers and discuss your case. We do not charge anything for this initial consultation nor do we charge anything up front to handle your case. With that said, you have absolutely nothing to lose by taking advantage of your free, initial consultation.

Florida Implemented the Workers Compensation System in 1935

The workers compensation system in Florida was put into place back in 1935. This means that it has been in existence for over 85 years. Any ideas that you may have of changing the system should be dismissed. There are several reasons why the workers compensation system was implemented when it was.

Back in the 1930s, people were still reeling from the depression. Many workers were used to working in deplorable conditions and many others worked for nearly no pay. Of course, immigrants were treated even worse. There were very few laws that protected people who got hurt while on the job. Even if somebody wanted to sue their employer for damages, most of them couldn’t afford an attorney. Eventually, the state decided to implement the workers compensation system to take care of workers who were injured on the job. At the same time, however, the system was designed to benefit your employer as well. Rather than being liable in a personal injury lawsuit, your employer simply has to pay their premiums for workers compensation insurance. Since the laws in Florida require almost all companies to carry workers compensation insurance, there is a good chance that your injuries will be covered through your employer’s insurance policy.

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Most Business Would Go Bankrupt if They Had to Defend a Lawsuit Every Time Someone Got Hurt

When you think about it, it would not be very practical for employers to defend multiple lawsuits every year. If employees were allowed to sue their employer every time they got hurt, their company would more than likely go out of business. It can take tens or hundreds of thousands of dollars to defend certain workers compensation cases. This doesn’t include the money that your employer would have to pay out if you sued them successfully. At the time the workers compensation plan was put into effect, one of the government’s main concerns was that businesses would shut their doors if they were sued personally.

One may wonder why the law hasn’t changed at any point over the last century. The truth is that there’s no chance of the law changing anytime soon either. The workers’ compensation system has worked for more than 85 years, and it will continue to work as far as the government is concerned. This means that if you had any illusions about suing your employer for damages, you may want to dispel them right now. Your Miami workers comp employer will do everything they can to get you the benefits you deserve. However, do not count on them to get you damages like you would have had you filed a personal injury lawsuit.

The State Doesn’t Want to Encourage Workers to Get Hurt on the Job

There is another reason why Florida has decided to stick with the workers compensation system. While most people who file a workers compensation claim were legitimately hurt on the job, there are a lot of people who fake their work-related injuries. Most insurance companies do a good job of weeding through these claims. However, there are times when a claim is either too small or too short-lived to justify spending thousands of dollars to fight it. This means that there are times when employees are able to sit home and collect workers compensation benefits even though they did not suffer an actual work-related injury.

It’s a Good Idea to Talk to an Experienced Workers Comp Attorney in Miami, Florida

If you did suffer a work-related injury and need to file a worker’s compensation claim, contact our office directly. You can sit down and meet with one of our workers comp attorneys in Miami, Florida and tell them your side of the story. If your workers’ comp claim has already been denied, then your Miami workers comp lawyer can file an appeal on your behalf. The goal is to settle your case so that there is no need for prolonged legal action.

If your injuries were significant enough to leave you disabled, then your workers compensation in Miami, Florida will sue for permanent damages. The way it works with workers’ compensation is that every body part is worth a certain amount of. For example, a back injury is going to be worth a lot more than a finger injury. If your employer’s insurance company refuses to pay permanent disability damages, that’s when your Miami workers comp lawyer will prepare your workers compensation lawsuit.

We suggest you call our office as soon as possible after your workplace accident. We offer all new clients a free, initial consultation, so you should take advantage of it. Simply contact our office and set up a date and time that you can come in and discuss your case.

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