If you were injured during a workplace accident in Melbourne, you might be within your rights to seek workers’ compensation or file a personal injury claim against a negligent party. In either case, our lawyers can help you seek payments to cover your necessary medical expenses, lost income, and other losses.
The Melbourne personal injury lawyers from our team can be there to provide innovative, affordable representation as you recover from your workplace accident. Bogin, Munns & Munns wants to get you the help you need to recover, so call us today for a free consultation.
Recoverable Damages in Workplace Injury Cases
The types of damages you can recover after your accident will depend on what type of case you file. As your Melbourne workplace injury lawyers, part of our job would be to help you decide how to go about pursuing damages.
Filing for Workers’ Compensation Benefits in Melbourne
If you file a workers’ compensation claim, you are entitled to seek fair compensation for your medical expenses, lost income, and diminished earning abilities. We can help you to:
- File your claim
- Ensure that all important paperwork is processed
- Help you with any delays or disputes to your claim
- Advocate for the compensation you need to recover from your injuries
Filing a Workplace Injury Lawsuit in Melbourne
If you are eligible to file a lawsuit, you may qualify to seek both economic and non-economic damages from the liable parties, including:
- Impaired quality of life
- Property damage
- Medical bills
- Rehabilitation services
- Emotional suffering
- Physical pain
- Loss of consortium
- Disability assistance
- Loss of employment
- And more
Can You File Both a Workers’ Compensation Claim and a Personal Injury Lawsuit?
That depends on how your injury happened. As long as you were injured while performing your normal job duties for an insured employer, you are entitled to workers’ comp benefits.
If you want to file a lawsuit as well as a workers’ compensation claim, our accident injury lawyers will have to prove that someone—usually a third party—displayed negligent behavior that led directly to your accident.
To consult with an experienced workplace injury lawyer serving Melbourne
855-780-9986
Is it Possible to Sue Your Employer for a Work Injury in Florida?
It is typically difficult to file a lawsuit against your employer after a workplace accident, both in Florida and many other states. However, there are a few exceptions to this rule. If your case falls into one of these exceptions, our personal injury attorneys can find out for you.
Ultimately, it is hard to file a lawsuit against your employer because that is what workers’ compensation is for. Your employer pays for insurance because it protects them against unforeseen accidents—and in exchange, your employer is protected from any lawsuits from an employee.
Circumstances Where You Could Take Legal Action Against a Melbourne Employer
There are some cases where it may be appropriate to pursue a lawsuit against your employer, including when:
- Your employer intentionally caused your injuries.
- Your employer put you in a situation where injuries were virtually guaranteed to happen.
- Your employer does not carry workers’ compensation insurance.
It is also possible that a third party, such as an equipment manufacturer, might have been responsible for your injuries. Our personal injury law firm can help you bring a lawsuit against a negligent manufacturer, mechanic, contractor, supplier, or other at-fault party. Call now for a free consultation with Bogin, Munns & Munns.
Important Deadlines for Melbourne Workplace Injury Claims
Whether you file a claim for workers’ compensation or you end up filing a lawsuit based on negligence, your case will be subjected to important time limits:
- For workers’ compensation claims, Florida Statutes § 440.185 gives you thirty days to report your claim to your employer, starting on the day you find out about your injuries.
- Florida Statutes § 95.11(4)(a) gives you two years to file a personal injury lawsuit, beginning on the day of your injuries. The personal injury statute of limitations applies in cases where a third party caused your injuries while you were at work.
If you fail to act within these timeframes, you may forfeit your eligibility for compensation. Let our workplace injury attorneys in Melbourne start fighting to protect you today.
Melbourne Workplace Injury Lawyer Near Me
855-780-9986
What You Should Do After a Workplace Accident in Florida
The first thing you should do after a workplace accident is seek medical attention. Your health is always the top priority. If your injuries are relatively minor, you do not need to call 911 or go to a local hospital, such as the trauma center at the Holmes Regional Medical Center. However, at the very least, you should receive an examination by a certified medical professional.
Gather Proof of Your On-the-Job Injury
Next, you want to document the scene of the accident. Was the floor wet? Take a photo that shows the puddle that caused you to slip. Did a piece of machinery malfunction? Do your best to show what went wrong.
Additionally, you should consider the following steps:
- Gathering the names and phone numbers of any eyewitnesses who saw the accident occur
- Filing a report with your employer within 30 days of your injury, as required of anyone who plans to file for workers’ compensation
- Attending any necessary medical appointments recommended by a doctor
- Working with our Melbourne workplace injury law firm so we can fill you in on how to protect your rights moving forward
File Your Claim for Workers’ Compensation
After you file your initial report, your employer should report your injury to the workers’ compensation insurance provider. If they fail to do so, the Florida Division of Workers’ Compensation (DWC) states that you can report the incident to the insurance company yourself.
Get Help From Our Personal Injury Lawyers
Here at Bogin, Munns & Munns, we want to help you feel comfortable throughout your case. Workplace injuries can be hard on the body and mind—especially if your injuries take you away from the things you love. You should not be saddled with the burdens of someone else’s mistake.
Our workers’ compensation attorneys understand the complex nature of workplace accidents. That is why we offer multiple legal services to help take some of the pressure off you and your loved ones:
- Civil litigation services
- Reviewing your workers’ compensation policy and handling the claims process
- Handling workers’ compensation disputes
- Gathering information about your case to help prove liability
- Communicating with relevant parties
- Offering legal advice
- Negotiating settlements
- Representing you in court as necessary
Call Our Melbourne Law Firm Today to Learn More
Our firm has fought for injury victims for over four decades. Along the way, we have seen many workers’ injury cases, and we can use our experience for you. One of the Melbourne workplace injury lawyers from our team can be there for you through all the ups and downs of your case. Together, we can protect your right to seek compensation.
To learn more about filing a workplace injury case with Bogin, Munns & Munns, contact one of our team members today to get started with your free consultation.
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