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Workplace Accident FAQs
Dedicated Miami Personal Injury Lawyers Helping Injured Workers Hold Negligent Parties Accountable
Not all job-related injuries are covered solely by the workers' compensation system. In many cases, someone other than your employer may be liable for what happened. If a third party’s negligence caused your injuries—such as a contractor, vendor, property owner, or equipment manufacturer—you may have the right to also file a personal injury claim. At Friedman Rodman Frank & Estrada, our team of Miami workplace injury lawyers help injured workers across South Florida explore all legal options beyond the workers’ compensation system. Below are answers to some of the most common questions about third-party liability in workplace accidents.
What Is a Third-Party Claim in a Workplace Accident?
A third-party claim is a personal injury action you file against someone other than your employer or co-worker. While workers' compensation generally limits your ability to sue your employer, it doesn’t protect outside companies, subcontractors, or other individuals who played a role in causing your injury. If someone else's negligence contributed to your accident, you may be able to seek compensation through a separate legal claim.
Who Can Be Held Liable Outside of My Employer?
Third-party claims can be brought against many different parties depending on how the accident occurred. Examples include a subcontractor who left a job site in a dangerous condition, a delivery driver who caused a crash, a property owner who failed to maintain safe premises, or an equipment manufacturer that released a defective product. Our Miami workplace accident lawyers can investigate the circumstances and identify all liable parties.
Can I Pursue a Third-Party Claim and Receive Workers’ Comp at the Same Time?
Yes, you can receive workers’ compensation benefits and also file a third-party claim. These two legal paths operate independently, but if your third-party claim is successful, some of your workers' comp benefits may be reimbursed to your employer’s insurance company to satisfy their lien. Even so, third-party claims often result in significantly higher compensation than workers’ compensation alone.
What Types of Damages Are Available in a Third-Party Action?
Third-party personal injury claims allow for broader compensation than workers' compensation. You may recover full lost wages, future earnings, medical expenses, and pain and suffering. In cases involving serious or permanent injuries, you may also be able to pursue damages for loss of enjoyment of life and long-term care needs. Unlike workers' compensation, a third-party case also allows for compensation related to emotional trauma you suffered.
What If My Injury Happened at a Construction Site?
Construction sites often involve multiple companies working side-by-side. If you were injured due to another contractor’s unsafe practices or equipment, you may have a valid third-party claim. Falls from scaffolding, being struck by heavy machinery, or injuries due to poor site maintenance are all common examples. Our Miami construction accident lawyers can help preserve evidence and hold the right parties accountable.
Do I Need to Prove Negligence in a Third-Party Claim?
Yes. To succeed in a personal injury lawsuit, you must show that the third party owed you a duty of care, breached that duty, and caused your injury as a result. This typically involves investigating safety protocols, site policies, maintenance records, or eyewitness testimony. Your attorney will collect the necessary documentation to proceed and work with experts when needed to prove fault.
What Should I Do If I Think a Third Party Was Responsible?
Document everything. Take photos of the scene, report the incident, collect names of witnesses, and keep detailed records of your injuries and treatment. Don’t assume that workers’ compensation is your only option for recovery. If you suspect someone outside your company caused the harm, speak with our Miami workplace accident lawyers who can conduct an independent investigation and explain all your options.
How Long Do I Have to File a Third-Party Lawsuit?
In Florida, the time limit for filing a personal injury claim is generally two years from the date of the injury. However, acting quickly is important. Physical evidence may be cleaned up or discarded, and witnesses may forget key details over time. Your attorney can take immediate steps to preserve evidence and notify the appropriate parties of your intent to file a claim for injury.
Will My Case Go to Trial?
Many third-party injury claims are resolved through settlement. That said, if the other side refuses to offer a fair amount, taking the case to court may be necessary. Either way, your lawyer will prepare your case as if it were going to trial to ensure the strongest possible negotiation position for settlement.
How Can a Lawyer Help After a Workplace Injury?
Third-party claims involve unique legal and factual issues that go beyond typical workplace accident claims. You’ll need to show not only that you were injured but that someone else’s negligence was the cause. Our team of Miami workplace accident lawyers can handle all aspects of your case—interviewing witnesses, securing expert testimony, negotiating with insurance companies, and taking your case to trial if necessary. Their goal is to get you the maximum compensation you need to recover and move forward.
If you’ve been injured on the job and believe someone other than your employer may be responsible, don’t settle for just a workers’ compensation check. Call Friedman Rodman Frank & Estrada today at 877-448-8585 to speak with an experienced Miami workplace accident lawyer. We’ll help you understand your rights and explore every legal option available to you. Our law firm is not paid unless and until a financial recovery is secured for you.
