Ocala, FL Can I Sue My Employer?
Suing Your Employer for a Workplace Injury
Workers’ compensation lawyers know that getting injured at work is not like getting injured during non-employment activity. The United States Department of Labor requires that all states establish a workers’ compensation insurance program with an arbitration board that oversees injury claims at the state level. One of the principal components of the program is that employers are not subject to personal injury lawsuits in many cases when an employee is injured on the job. There are rules and regulations that must be followed, and as long as the employer is compliant with state law, there is little potential for a standard personal injury lawsuit. However, separate lawsuits can and do occur when employers are acting in bad faith, as well as insurance companies, or the employer has failed to comply with safety regulations.
Many jobs require employees to be exposed to harmful chemical agents or working conditions that leave the employee vulnerable to personal injury beyond the general responsibilities of the job. All responsible employers have established safety programs for the workplace, but safety programs can also impact revenues. When employers fail to comply with Occupational Safety and Health Administration (OSHA) rules, the potential can exist for an injured employee to file a separate personal injury claim based on the failure to provide a reasonable duty of care for the injured employee.
Many times employers dispute the claims of the worker that an injury occurred on the job or that the employee was performing job responsibilities. In addition, individuals who file injury claims are often terminated. Directly firing an employee for being injured at work is not technically legal, but employers also have significant latitude in justifying their actions based on company viability. Wrongful termination is an area where the potential for a lawsuit exists if the termination can be associated with the accident and injury. It is always important to retain an experienced and effective workers’ compensation attorney who can investigate all material case facts for the potential of a separate lawsuit.
Benefits Denial & Suspended Payments
Employers who comply with Florida workers’ compensation laws have insurance providers who cover job injury claims. The insurance companies also have a right to legal input on a claim, and many times these companies begin benefits only to suspend them later in hopes of a lump settlement that will lessen the total payout on a claim. Disputed claims always require the injured worker to hire a workers’ comp lawyer to evaluate the case for legal standing and file the appropriate lawsuits based on material case facts. Many times multiple issues can be a basis for a legal claim outside of the standard law regarding workers’ compensation insurance that covers lost wages and medical bills.
Contact a Work Injury Lawyer
Anyone who is facing a difficult workers’ compensation issue should contact an Ocala attorney at Schatt Hesser Mcgraw, for a full evaluation of your workers’ compensation case.