If you suffer injuries while at work in Cocoa, you may have a legal case and can pursue awards via a workers’ compensation claim or lawsuit. Whatever the case may be, a workplace injury lawyer from Bogin, Munns & Munns can assist you with the claims process so that you can get the funds you need to move forward.
How do You Know if You Can Get Compensation After a Workplace Injury?
You have a few different options to recover compensation after a workplace injury in Cocoa.
Workers’ Compensation Claims with Your Employer
Most employers are required to maintain workers’ compensation insurance for their employees. As a result, if a worker suffers a workplace injury, the worker can typically receive medical care and other forms of compensation, regardless of who was at fault for causing the injuries.
Personal Injury Lawsuits Against Your Employer
Florida Statutes § 440.11 provides that workers’ compensation insurance claims are the sole remedy for employees injured in the workplace in most cases. However, there are some exceptions to that rule, such as when an employer:
- Deliberately took action to injure the employee, or
- Engaged in conduct that they knew was virtually certain to injure the employee
In these situations, if you can prove the intent of the employer by clear and convincing evidence, you may have a legal cause of action against your employer.
Claim or Lawsuit Against Third Parties
Sometimes, third-party companies may be responsible for the situation that led to your workplace injury. For instance, if you suffered injuries due to using faulty or defective products, equipment, or machinery, you may have a claim against the manufacturer of the product. In this case, no proof of negligence is required; companies generally are strictly liable or responsible for any injuries that their products cause.
If you are not an employee but a contractor or subcontractor, you also may have a claim against the owner of the worksite if you are injured while carrying out your contracting duties.
Personal injury lawsuits, in particular, often require proof of negligence or careless disregard for the safety of others. A contractor might be able to maintain a claim against the owner of the company if it was the company’s negligence that led to the injuries.
What Damages Can You Get in a Workplace Injury Case?
The forms of damages you can receive may vary, depending on who was responsible for your accident.
Compensation in a Personal Injury Case
In a personal injury case, you may be eligible to collect various types of compensation, including:
- Medical expenses, including emergency medical treatment, hospitalization costs, surgical bills, medication costs, and travel expenses related to medical treatment
- Lost wages due to being unable to work
- Physical pain and suffering
- Emotional distress stemming from the accident
The extent, type, and permanency of your injuries all can impact the types of compensation that you can seek in a personal injury claim.
Workers’ Compensation Benefits
Workers’ compensation insurance provides some of the same types of compensation that you can get in personal injury claims, including the costs of medical treatment and lost income when you cannot work due to your injuries. However, you are unable to get compensation for emotional damages in a workers’ compensation claim.
How Can Our Law Firm Help with Your Workplace Injury Case?
Dealing with the aftermath of a workplace injury can be challenging and confusing, especially if you are uncertain of your legal rights to compensation. One of our team members can evaluate your case through a free case consultation to determine what forms of legal recourse may be available to you. We also can answer your questions and help you make the decisions about your case that are best for you.
Our lawyers in Cocoa can provide you with a wide variety of services related to your workplace injury case, including:
- Investigating the cause of your injuries
- Identifying all potentially liable parties
- Reviewing your medical records and bills
- Gathering evidence to support your claim
- Filing insurance claims or lawsuits
- Negotiating settlement
Together, we can explore your avenues for legal relief and begin building a case on your behalf. You can focus on your own recovery while we focus our efforts on getting compensation for your injuries and any related losses. Taking this step can remove some of the burdens from your family during this difficult time.
How Can You Pay for Our Legal Services?
When you take advantage of our free case evaluation, you have no obligation to go any further with your case. If, however, you decide to move forward, we can take your case on a contingency basis. This payment arrangement means that you pay nothing up front or out of pocket, as we receive payment only when you get paid for your injuries.
How Long do You Have to File My Case for Compensation After a Workplace Injury?
Lawsuits and workers’ compensation claims have different filing deadlines.
Time Limits for Lawsuits
Under Florida Statutes § 95.11(3)(a), you generally have four years from the date of your accident to file your personal injury lawsuit in court. This deadline applies to personal injury lawsuits against third parties, as well as against your employer.
Time Limits for Workers’ Compensation Claims
Florida Statutes § 140.185 states that you should report any workplace injuries to your employer as soon as possible. However, you have no more than 30 days from the date of your injuries to make this report for the purposes of workers’ compensation claims.
We are Ready to Help You Seek Legal Relief After Your Workplace Injury
Bogin, Munns & Munns can handle every step of your Cocoa workplace injury case from start to finish. A lawyer with our firm can guide you through personal injury claims or workers’ compensation claims as needed.
Call our offices today at (321) 633-3208 to get your free consultation and learn more about your legal rights after a workplace accident.