Being hurt on the job means you may end up being out of work for a while. This prevents you from earning the pay you need to cover your bills. Although you have options such as workers’ compensation. Unfortunately, worker’s compensation insurers are permitted to choose your doctors and may fight you on whether they will pay for your time out of work. You may need other alternatives to get the settlement that you need. If your injury was caused by someone other than your coworkers, you may have a claim against the company in addition to your worker’s compensation claim. Howell & Thornhill handles these “third party claims.”
A Florida work injury lawyer from Howell & Thornhill can assess your situation and recommend the best choice for you. We have served clients in Polk County and beyond since 1975 with the experience and skill to secure the benefits and financial relief they deserve. Contact us to schedule a free case evaluation and learn more today.
Why Choose Howell & Thornhill When You Have a Third Party Claim for a Work Injury
Our firm has lawyers who were born and raised in Florida. As native Floridians, they understand the laws that affect our clients. We meet you in person to build the strongest attorney-client relationship. This is vital to our success since trust is the foundation of a robust claim.
Our work injury attorneys can manage all aspects of your case, including:
- Gathering evidence to document your injuries and expenses
- Determining who is liable for your injury
- Filing a third-party lawsuit when applicable
- Litigating aggressively on your behalf in court
Our lawyers and staff are dedicated to fighting for the benefits and compensation you need.
Dangerous Jobs and Causes of Work Injuries in Florida
Although Florida is known for its tourism industry, all those hotels and resorts supply work for other kinds of jobs. Commercial and residential construction, freight transportation, and farms benefit from the flow of visitors, but they also present risks for their workers. Even in office jobs, employees can be in danger of injury from heavy equipment or other hazards.
Common ways individuals can be hurt on the job include:
- Being caught between or under machinery or equipment
- Being hit by objects or equipment
- Electrocution
- Exposure to hazardous materials
- Falling because of a dangerous condition
- Fire or chemical burns
- Slip-and-falls caused by a dangerous condition
The U.S. Bureau of Labor Statistics reports that Florida workplaces saw 315 deaths in 2021 from accidents, an increase from recent years. Injuries and fatalities are rising across the U.S., and these incidents can have a lasting effect on workers and their families. Victims can suffer physical, emotional, and financial trauma for years unless they receive the compensation they deserve. With the help of a reputable work-related injury lawyer, you and your loved ones can begin to heal.
Common Injuries in the Workplace
Most injuries at work occur from unexpected accidents. Other common injuries include:
- Head or neck injuries
- Back and spine damage
- Broken or fractured bones
- Crushed or amputated limbs
- Skin damage from burning materials or chemicals
- Respiratory damage from noxious gases
- Puncture wounds
- Soft tissue injuries
Many of these require emergency treatment, potential surgery, and extensive rehabilitation. The hospital and therapy bills can quickly climb into thousands of dollars. Your other expenses will pile up when you cannot work because you are injured.
Although you can rely on workers’ compensation benefits, getting your claim approved is not always easy. It is important to pursue a claim against the party who is responsible if they are not a coworker. These “third party” claims can provide the benefits that worker’s compensation will not provide.
Filing a Third-Party Lawsuit After a Florida Work Injury
Workplaces often have many individuals on-site who are not actual employees of the company. For example, a business often has independent contractors come onto their property or has their employees go to the work site of a third party. Employees can be injured if these third parties fail to follow safety protocols or are reckless. Sadly, a common situation is when driving for work, if a negligent driver injures you, then you will have a worker’s compensation claim as well as a claim against the driver and owner of the vehicle that injured you. You may need to pursue this third party claim to protect your family from the losses.
When you file a suit against a person or entity besides your employer, you have the ability to secure full compensation for every harm you experience. This means you can seek additional wages you are missing, as well as financial relief for your pain and suffering. Your work injury attorney will build a robust case for court.
Demonstrating Negligence by a Third Party for Your Work Injury
For a workers’ compensation claim, your doctor visit verifies that your injury occured in the line of duty. This is the main requirement to begin receiving benefits. However, for a third-party lawsuit, you must demonstrate negligence by those responsible in a court of law. The bar for proving their liability is much higher.
You and your attorney must show proof of the four elements of negligence:
- The third-party individual or entity owed you a duty of care.
- They failed to uphold that duty through their actions or inactions.
- Your injuries are a direct result of the defendant’s failure or breach of their duty.
- You have expenses related to your injuries.
Your attorney will work to gather, analyze, and present evidence demonstrating each of these elements. This evidence can come from sources such as:
- Cell phone records for drivers
- Company accident reports
- Expert testimony
- Maintenance and repair logs for equipment
- Photos of the accident scene and your injuries
- Police reports
- Security and surveillance video of the accident
- Witness statements
For example, suppose a repair technician from an outside company routinely abuses alcohol. If they performed substandard repair work while inebriated on a large piece of equipment, you could be injured if the machinery malfunctions. You could have the right to pursue a third-party lawsuit against them.
Managing all the legal complexities while you are trying to heal can add to your misery. Instead, turn these concerns over to your attorney.
How Howell & Thornhill’s Florida Work Injury Lawyers Help Your Case
Operating since 1975, Howell & Thornhill is the oldest law firm in Polk County, Florida. Our work injury lawyers work tirelessly for each client, no matter the size of their claim. We can assist you throughout the full process of requesting workers’ compensation benefits or filing a third-party lawsuit.
Other reasons to trust us with your work injury case include:
- We grew up and live in the communities we serve. We have local insight as well as knowledge of state and local laws that affect each case.
- We maintain constant communication with you. You speak with our attorneys and staff directly, not some impersonal call center that does not know your case the way we do. We help you make informed choices about your claim.
- We are local to where you are. We will meet you at home, your workplace, or in the hospital. With seven locations across the Sunshine State, we make it easy and convenient to schedule your free consultation.
- We have robust in-house resources. We handle many medical claims and keep a registered nurse (RN) on staff to advise us. We also employ an investigator to help us understand exactly how your injuries occurred.
- We work on a contingency fee basis. We only get paid when we win your case, taking a percentage of your settlement after the work is done.
Our team focuses on protecting your rights and securing the settlement you deserve. For third-party claims, we work to negotiate an out-of-court agreement but prepare for the courtroom from the beginning. We ensure that your case is persuasive and compelling so we can obtain the maximum compensation available to you.
Meet With a Florida Work Injury Lawyer From Howell & Thornhill
Work-related injuries and illnesses can leave you facing overwhelming bills and medical expenses. Get the benefits or jury award you need when you meet with a Florida work injury attorney who understands the system and how to increase your chances at success.
Contact us through our online form to schedule your free case evaluation at Howell & Thornhill today.
