Common Questions

Workplace Injuries questions, answered

Can I sue my employer after a workplace injury in Florida?

Usually no. A workplace injury typically triggers workers' compensation, a no-fault system that is generally the exclusive remedy against your own employer — meaning you usually cannot sue your employer directly. The important exception is a third-party claim against someone other than your employer, such as a subcontractor, equipment manufacturer, property owner, or negligent driver who helped cause your injury.

What is a third-party claim, and why does it matter?

A third-party claim is a negligence case against someone other than your employer or a co-worker who contributed to your injury — for example, an equipment manufacturer, a property owner, a subcontractor, or a negligent driver. It matters because it can recover damages workers' compensation does not pay, including your full lost wages and earning capacity and compensation for pain and suffering.

How long do I have to report a work injury and file a claim?

Report your work injury to your employer promptly — Florida generally requires reporting within 30 days. A separate third-party negligence claim has its own deadline: the statute of limitations is generally two years. Because these timelines run independently and missing one can cost you compensation, it is best to speak with an attorney as soon as you are able.

What if the insurer delays or denies my benefits?

It happens often. Employers and their workers'-compensation insurers do not always act in the injured worker's best interest, and they may delay or deny valid benefits to limit what they pay. An experienced workplace injury lawyer can push back, document your claim, and pursue any third-party claim that opens up additional compensation beyond what workers' comp provides.

What does it cost to hire a workplace injury lawyer?

Nothing up front. We review your workplace injury case for free, and you pay no attorney fees unless we win. That lets you focus on recovering while we sort out your workers' compensation benefits and investigate whether a negligent third party is also responsible for what happened to you.

Free Consultation

Injured? Let’s talk — your consultation is free.

Speak directly with attorney Tyson Kutner about your case. There is no obligation and no fee unless we win.