If you were hurt at work in West Palm Beach because of the acts of a third-party and it is not a workers’ compensation claim, you might wonder how to go about getting compensation for your injuries.
Some people mistakenly assume that a workers’ compensation claim is the only remedy if you get hurt on the job, but you often can pursue a lawsuit against someone who is not your employer.
Call the Landau Law Group today at 866-703-4878 for a free consultation with a West Palm Beach work injury lawyer.
Types of Third-Party Lawsuits for Work Injuries
There is almost no limit to the ways you could get hurt on the job due to the negligence of a third-party. The U.S. Consumer Product Safety Commission issues hundreds of recalls per year. Here are some examples:
- Defective tools: for example, an auto mechanic uses a wide variety of power tools when working on cars. If a power tool had a defect that led to an injury, the injured worker might be able to sue the manufacturer of the item.
- Flawed equipment: let’s say that a contractor rented scaffolding equipment for a construction project from an outside vendor. If the scaffolding collapsed due to the negligence of the scaffolding company, an injured worker might be able to pursue money damages from that business.
- Dangerous chemicals: due to a mistake in the making or the packaging of the product, for example, an employee at a painting company sustains severe chemical burns because the five-gallon bucket that was supposed to contain paint accidentally was filled with caustic chemicals at the hardware store. The injured painter can go after the hardware store for his losses.
- The maker of a harmful product: asbestos manufacturers were sued by workers who developed asbestosis from exposure to the harmful substance on the job.
- A problem with a motor vehicle or one of its parts: let us say that you deliver packages for a shipping company. You were hurt when one of the components of the delivery vehicle failed. If the accident and the harm you suffered were the results of a defect, like faulty brakes, airbags, or tires, you might have a case against the maker of the flawed part.
- A member of the public injures you: say that you work as a caddy on one of the golf courses in your community. One of the golfers loses control of his golf cart and strikes you, causing severe injuries to you. You could have a claim for your losses against the individual golfer who drove the cart.
These are but a few examples of the kinds of scenarios that can give rise to a work injury lawsuit against a third party in West Palm Beach, Florida.
For a free consultation with a West Palm Beach work injury lawyer, call the Landau Law Group at 866-703-4878 today.
What We Have to Prove in a Negligence Claim
Florida law is quite extensive regarding negligence. We can help you with your negligence claim. When we investigate a claim for personal injuries that result from someone’s negligence, we look for evidence that can prove the required elements for liability. We will have to show the judge that all four of these factors are present:
- Duty of care: the person who hurt you must have owed you a legal duty of care. Let’s walk through the elements of liability using the golf cart scenario. The person who drove the vehicle had a duty to operate the cart safely.
- Breach of legal duty: when a person’s conduct does not live up to the standard of the applicable duty of care, the person is negligent. For example, the person who drove the golf cart had just consumed numerous cocktails in the clubhouse within the two hours before the accident. Driving a motor vehicle while impaired by alcohol violates the duty to operate the cart safely.
- Causation: the negligence must be the thing that caused the accident and injury. The golfer’s state of intoxication made him lose control of the cart and crash it into the caddy. This fact pattern satisfies the causation element of liability.
- Measurable damages: you must have quantifiable losses to pursue a personal injury claim. If you sustain bodily harm as a result of the negligence, you have measurable damages.
You do not have to figure out whether your case meets all the required factors for imposing legal responsibility on the person who harmed you on the job. We will explain how your claim fits within the legal requirements.
Damages for a West Palm Beach Work Injury That is Not Workers’ Comp
We cannot say how much money you might be able to pursue in your West Palm Beach work injury case until we talk with you and investigate your situation. Every case is different. The facts of your case will determine the amount of compensation you might be able to seek.
Some of the types of damages in personal injury cases include:
- The reasonable cost of medical treatment you needed for your injuries. The ambulance, hospital, doctors, surgery, blood transfusions, skin grafts, and physical therapy are some examples of items in this category.
- Getting injured often means that you miss time from work while you recuperate. If you did not get paid during that time, you can seek compensation for your lost wages, salary, self-employment, or other regular income.
- Your purchase of medical devices to aid with your injury. If severe enough, you might need to use a wheelchair, prosthetic limb, or lift device. You might also need an adapted vehicle and home modifications.
- Your need for pain management to get through the day. If your injuries leave you in chronic pain, you might be able to seek compensation for the costs of pain management services.
- Non-financial losses you suffered that do not have a direct monetary correlation. Significant injuries often cause damages that do not have invoices or bills. For example, severe burns or an amputation might result in disfigurement. Losing the ability to walk again can cause a loss of enjoyment of life. You might be able to pursue pain and suffering compensation for your physical discomfort and emotional distress.
Depending on the details of your situation, you might be eligible for some of these or additional money damages.
Getting Legal Help for Your West Palm Beach Work Injury Claim
At the Landau Law Group, our West Palm Beach work injury lawyers fight hard to protect the rights of our clients. We work tirelessly to help you get all the compensation that you deserve.
Contact us today for a complimentary consultation. There is no obligation.