The compensation system for Florida workers has two major objectives. It aims to ensure that Florida workers are well protected against injuries and accidents in the work place and it also protects employers from being sued for negligence towards the welfare of their employees.
The system makes it mandatory for employers to purchase workers’ compensation insurance policy. So, if any employee in Florida gets injured on the job, he/she will be able to receive appropriate compensation benefits without initiating any lawsuit against his/her employer. Initiating lawsuit will definitely require that the injured employee proves the negligence of his/her employer which is usually difficult.
The main advantage of this scheme to employees is that they will get compensated for work related injuries as quickly as possible and the major disadvantage is that employees can’t initiate any legal proceeding against his or her employee. Being prohibited from suing your employers is not the problem but the fact that a civil legal tussle will yield much more than the benefits recommended by this scheme.
The big disadvantage of this compensation scheme to employers is the regular payment of the insurance premium. On the other side, the major advantage is that no employee can sue them. Despite the positive side of it, some employers still feel disadvantaged since an employee has to prove a case of negligence on the path of their employers to win a compensation claim and that is very difficult. If those employers have their way, they will rather stop the scheme to give employees liberty to initiate any lawsuit against them.
There are differences between remedies provided by the compensation scheme and the ones provided by the civil court system. The compensation system pays for medical bills and other medically related expenses. It also makes provision for a certain percentage of lost allowances and wages as a result of the injuries.
The compensation system benefits to injured employees also include a large amount of money for any kind of disability, be it temporary or permanent, partial or full, encountered as a result of the injuries sustained. However, the compensation benefits do not consider the pain and suffering encountered , whether it is physical or psychological. This is where a personal injury lawsuit has a big advantage. It compensates the injured employee for everything including the pain and suffering encountered.
The scheme does not totally prevent employees from initiating a lawsuit against third party since the employer will not be the defendant. For instance, if the injury is due to a defective or sub-standard equipment or material supplied by a third party, the supplier / manufacturer can be sued.
Even the employer can also be sued if his/her conduct rises to the level the court terms as “intentional wrongdoing”. Proving this charge against employers is about the biggest challenge in such lawsuits.
This is the major reason hiring an experienced personal injury attorney based in Florida is more than necessary. It will take the expertise, experience and diplomacy of a personal injury attorney to win such a case.