Hurt on the Job? Talk to an Orlando Work Injury Lawyer Who Looks Beyond Workers' Comp.

Usually not. Florida's workers' compensation law is generally the exclusive remedy against your employer. But you can bring a third-party claim against anyone else who caused or contributed to your injury, such as an equipment manufacturer, subcontractor, property owner or negligent driver. You may also be able to sue your employer directly if it failed to carry required workers' comp coverage or in narrow intentional-conduct cases. Our Orlando work injury lawyers look for every option.

Workers' comp is no-fault: you get medical care and wage benefits, usually two-thirds of your average weekly wage up to a state cap, no matter who caused the injury — but nothing for pain and suffering. A third-party personal injury claim requires proving someone else's negligence, and it can recover your full lost wages, future earning capacity, pain and suffering and loss of enjoyment of life. Many workers can pursue both at once, which is why the two claims need to be coordinated.

You must report the injury to your employer within 30 days of the accident, or within 30 days of when you knew or should have known it was work-related. A petition for workers' comp benefits generally must be filed within two years of when you knew the injury was work-related; if you've received benefits, that's extended to one year from your last comp payment or authorized medical care, whichever is later. Most third-party injury claims must be filed within two years. Missing a deadline can end your claim.

Florida requires most employers with four or more employees, and construction employers with one or more, to carry workers' comp. If an employer that was required to carry coverage didn't, the exclusive remedy protection generally doesn't apply and you may be able to sue the employer directly. Our attorneys will help you figure out the best path based on your situation.

Florida law (§ 440.205) prohibits employers from firing, threatening, intimidating or coercing an employee because of a valid workers' compensation claim. If your employer retaliates, you may have a separate claim. Our Orlando work injury attorneys protect your job rights alongside your injury claim.

Most injuries that arise out of and in the course of your job, including falls and equipment accidents, repetitive-motion injuries like carpal tunnel syndrome, occupational diseases from workplace exposure and aggravation of a pre-existing condition. Mental or nervous injuries are generally covered only when they come with a physical injury, with limited exceptions such as certain first responders.

You can file without one, but carriers routinely deny or undervalue claims, send you to doctors they choose and push you back to work early. An attorney makes sure your treatment isn't cut short, fights denials and — just as important — checks whether you have a third-party claim that's worth far more than comp alone. In Florida, fees for comp claims are regulated by statute; we'll explain how fees work for your claims in your free case review.

For workers' comp, fault generally doesn't matter: you can get benefits even if your own mistake contributed, with limited exceptions such as an injury caused primarily by intoxication. In a third-party claim, Florida's modified comparative fault law reduces your recovery by your share of fault, and if you're more than 50% at fault you can't recover. Insurers often try to inflate your share, which is why early evidence matters.