Pursuing Third-Party Claims in Workers’ Compensation

What is a Third-Party Workers’ Compensation Claim?

Florida’s workers’ compensation laws require employers to pay benefits to employees on a “no-fault” basis, meaning that employers are directly responsible for paying employees’ benefits without proof of negligence.

An employer must pay workers’ compensation benefits even when it is not at fault for an employee’s injuries, but the employer does receive certain protections in exchange for these benefits. Employers in compliance with state workers’ compensation laws are immune from negligence-based lawsuits filed by an employee, which means that the employer is only responsible for paying compensation benefits but not for the injuries.

A third-party injury claim represents injuries occurring when an outside employee or subcontractor injures you while you are on the job. Because of the compensation laws, you are able to pursue reimbursement outside of simple medical and disability claims.

What are Examples of a Third-Party Injury Claim?

Third-party claims allow you to identify a party outside of yourself or your employer as the responsible party for your injuries.

This may include:

• A construction site owner, if the injury was a result of a dangerous onsite condition that the owner should have announced or repaired
• A manufacturer of a defective work mechanism that resulted in your injury
• A repair company responsible for maintaining machinery that malfunctioned and resulted in your injury

You are able to bring these third-party claims to court to sue for your injuries and use this ability to leverage them in settlement negotiations. Regardless, liability must be proven for your injuries.

An advantage of filing these types of claims is that you may be able to receive non-economic damages, such as emotional distress, in addition to economic or monetary losses.

How is Liability Determined?

All third-party claims hinge on who is at fault for the accident. Fault is determined through the legal theory of negligence. Negligence is established by proving the following basic elements:

• Duty of care: The third party owed you a reasonable expectation of safety and care.
• Breach of duty: The third party failed to uphold their duty of care by acting in a reckless or unsafe manner.
• Causation: The breach of duty is directly responsible for your injuries, which would not have happened without the negligent action.
• Damages: Damages represent the monetary losses you have incurred as a result of the accident and injuries.

Comparative Negligence

The State of Florida also uses a system of comparative negligence that allows two parties to bear responsibility for an accident, but one party may still receive compensation. While you may be entitled to compensation despite sharing fault, under comparative negligence, your percentage of fault will be reduced from the total awarded damages.

For example, if you are 10% at fault for an accident and are awarded $100,000, then you will receive $90,000 with your percentage of fault deducted.

Additionally, if you are found to be more than 50% responsible for an accident, you will be barred from receiving any compensation.

What is Vicarious Liability?

Vicarious liability allows one party to bear responsibility for an injury caused by another party. Respondeat superior is an example of vicarious liability that frequently occurs in workers’ compensation claims.

Respondeat superior holds employers liable for the wrongful actions of their employees who were working within their scope of employment. The employer may not be directly at fault, but they automatically assume liability, regardless.

What Are Some Key Differences Between a Third-Party Claim and Workers’ Compensation?

There are several big differences between a third-party claim and a workers’ compensation claim. Third-party claims involve more parties and insurance, which complicates the process. For your third-party claim, it is essential to seek the advice of an attorney at Legler, Murphy & Battaglia, LLP.

Several notable differences will be discussed below.

• Partial wage replacement versus full wage replacement: Under Florida law, eligible employees may receive partial wage replacement if they miss more than seven days of work. Injuries with a third-party claim allow the party to pursue full compensation for lost income and benefits, regardless of how long an injury prevents work.
• Ban on non-economic losses versus receiving non-economic losses: Workers’ compensation claims only cover an injured employee’s medical expenses and lost wages and do not apply to pain and suffering or emotional distress. However, third-party claims allow the injured employee to seek full compensation for these losses and will exceed the amount awarded from solely financial loss.
• “No fault” benefits versus negligence-based compensation: As discussed, workers’ compensation is a “no-fault” system, meaning employees can file a claim with an employer even if the employer is not responsible for the accident. Third-party claims, however, require proof of negligence, which is not easy and often requires the help of an experienced attorney.
• Workers’ compensation insurance versus liability insurance: Workers’ compensation insurance and third-party claims typically use the same insurance, but compensation insurance and liability insurance claims are quite different. The processes and considerations differ, as does the documentation needed from the injured worker to establish legal rights.
• Set benefit rates versus case-by-case financial and non-financial losses: Florida has predetermined rates for wage replacement benefits and injury claims. Third-party claims, however, require the injured party to work closely with their attorney to determine the compensation that they deserve.

Do You Need an Attorney?

If you have been injured while at work and would like to pursue a third-party workers’ compensation claim, you need legal help from which you can depend. The lawyers at Legler, Murphy & Battaglia have the experience and knowledge to help you navigate this complex legal landscape. Call us today at 941-909-3763 or complete a contact form to schedule your free case evaluation.