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If you have been injured on-the-job, your claim
will be covered by your employer's workers compensation insurance.
Unless your employer has less then five people employees, or you
are an independent contractor, workers compensation insurance is
required by your employer. It is important if you were hurt on-the-job
to immediately report the injury to your supervisor. It is also
important that a Notice of Injury be completed by the employer.
Under
Florida law, if you are eligible for workers compensation benefits
due to injury you sustain on-the-job, you will not be able to sue
your employer for pain and suffering damages. Your employer will
be required to pay for your medical care and 66% of your lost wages.
In exchange for this payment, a suit or claim against your employer
for pain and suffering is not allowed by Florida law.
However,
if your on-the-job injury was caused by somebody who was not employed
by your employer, you may have what is called a third-party claim
in addition to your workers compensation claim. An example of a
third-party claim is as follows: if you driving for your job and
are involved in a car accident, you may have both a workers compensation
claim and a third-party claim (against the person who caused the
accident). Since you were hurt on-the-job, your employer would pay
for your medical care and 66% of your wages if you are required
to miss any work. You would also have a potential case against the
person, or third-party, who caused the accident. Under the proper
circumstances, you might be able to recover your pain and suffering
damages from the third-party who caused the accident. This is what
is meant by a third-party case.
Click
here to Contact A
Florida Workers Compensation Attorney
The hiring of an attorney is an important decision and should
not be based solely on advertisement. Before you decide, ask us
to send you free written information about our qualifications and
experience.
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Mark A. Risi
2699 Lee Road, Suite 101 - Winter Park, FL 32789
Phone: 407-629-2484 Fax: 407-629-8275 Toll Free: 888-282-6529
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