Can I Sue an Employer in Florida for a Slip and Fall at Work?
In Florida, employees are generally entitled to workers’ compensation coverage to pay for their medical care and a portion of their missed pay if they are hurt in an on-the-job fall. In most cases, this means that you cannot sue an employer in Florida for a slip and fall at work. However, some employers may not have workers’ compensation coverage. When this occurs, employees have a right to sue their employer for their expenses and losses related to their slip and fall at work.
You should hire a Florida slip and fall lawyer to help you navigate this process and recover the money you deserve. Many provide free case evaluations for injured parties and handle cases without charging upfront fees. Contact an attorney as soon as possible after your injuries to learn more about your rights.
Understanding Florida’s Workers’ Compensation Laws
Florida requires many workplaces to provide workers’ compensation coverage for all employees. When this requirement kicks in depends on the number of workers the company has. Under Florida’s workers’ compensation laws, the minimum number depends on the industry:
- Companies in the construction industry must provide coverage if they have one or more employees.
- In most other industries, coverage is required if there are four or more employees.
- Coverage is required in workplaces in the agricultural industry with six or more regular workers or 12 or more seasonal staff who work more than 30 days a season/more than 45 days a year.
These laws mean most workers have access to coverage after a fall at work. This coverage should provide:
- Medical Expenses: This includes medical treatments for their injuries, such as hospitalization, treatment, medication, physical therapy, and other related costs.
- Indemnity Benefits: This is lost wage coverage. This typically replaces about two-thirds of the worker’s average weekly wage up to the current maximum payout. How this calculation works could vary if the worker can return to light duty or part time.
- Vocational Rehabilitation: When an employee’s work-related disability keeps them from returning to their previous job, workers’ compensation could pay for rehabilitation or retraining.
- Death Benefits: Up to $150,000 for funeral expenses, compensation for dependents, and education benefits for a surviving spouse may be available.
Can I Sue My Employer for a Slip and Fall in Florida?
If you were hurt at work in a slip and fall and do not have access to workers’ compensation, you may be able to sue your employer to recover compensation. If your employer or a co-worker acted negligently, such as ignoring safety protocols or failing to remedy a slip hazard, you can likely hold the company responsible for your on-the-job injuries.
You will need to document the cause of your slip and fall, gather evidence to show what occurred and how it could have been prevented, and document your injuries carefully. See a doctor as soon as possible and continue your treatment until your doctor releases you.
There are many considerations, and proving a case can be difficult, especially if you are hurt and cannot work or have returned to work but are still dealing with expenses and other losses. Most victims do not have the know-how, experience, time, or resources to manage their own claims efficiently in these cases. They can be complex, and there could be additional challenges, such as if you lost your job because you could not work after your injury.
What Damages Can I Recover in a Civil Suit Based on a Fall Injury at Work?
The damages recoverable in a lawsuit after a fall at work depend on your injuries, expenses, and losses. Your attorney will help you identify your current and future damages and seek fair compensation for them.
This could include:
- Medical bills and related expenses
- Future or ongoing monitoring, care, and support for lasting injuries
- Lost income
- Diminished earning capacity if you do not return to work
- Related expenses with receipts
- Pain and suffering
Documenting your recoverable damages and negotiating a settlement is difficult without the knowledge, experience, and skill of an attorney. Law firms handle these cases based on contingency, so you have nothing to lose by enlisting our help.
Developing a Compelling Case to Hold an Employer Liable for Fall Injuries
If you are hurt at work and do not have access to workers’ comp benefits, you will want to work with a Florida personal injury lawyer to manage your case. They can investigate what happened, develop a compelling case to tell your story, and seek fair compensation for you.
They will know how to identify the liable party or parties in your case. This may be your employer. Sometimes, though, a third party acts negligently and causes injuries. For example, imagine you are working on a site owned by a third party. In these cases, the property owner may be responsible or share in the responsibility of preventing your injuries.
Once there is evidence to support a claim or lawsuit, your attorney will navigate the process for you. They know how to handle settlement negotiations or litigation on your behalf so you can focus on healing and returning to your usual activities.
How Long Do I Have to Sue My Employer After a Florida Workplace Slip and Fall?
Under Fla. Stat. § 95.11, Florida only gives most injured individuals up to two years to sue the negligent party who caused their slip and fall. Exceptions exist, but you do not want to wait. You should contact an attorney to discuss your options as soon as you suffer injuries and become aware you do not have access to workers’ compensation.
Discuss Your Slip and Fall Injuries With Our Florida Team for Free Today
Meldon Law will review your case for free. Our Florida slip and fall lawyers can help you understand your options and pursue compensation based on your injuries, bills, and lost income. We are here to help you get justice.
Contact us today to discuss why you want to hire our lawyers for your workplace slip and fall.
