Legal Question in Personal Injury in Florida

Personal injurie

If I am no longer working for a company because of an injury that occured can I sue for pain and suffering and anything that relates from me not being able to perform my regular duties in that field of work?


Asked on 1/14/02, 1:12 am

3 Answers from Attorneys

Peter Gonzalez Sanchez-Medina, Gonzalez, Quesada, Lage, Crespo, Gomez & MachadoLLP

Re: Personal injurie

I'm not a practitioner of worker's compensation law. However, my limited understanding is that if the injury occurred during the course and scope of your employment, it falls under worker's compensation coverage and you are limited to worker's compensation benefits from your employer, and nothing else. Of course, you may have claims against parties that are not your employer. Seek the advice of counsel and good luck.

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Answered on 1/14/02, 10:23 am
Elliot Goldstein Law Offices of Elliot Jay Goldstein

Re: Personal injurie

Most on the job injuries are covered only by workers' compensation. However, it is not unusual for there also to be potential civil liability on a third party (non-employer). If some other person, or entity, other than your employer, either caused or contributed to your injuries (car accident, accident involving defective machinery, etc. . . ), then you maybe able to seek redress against them in the courts. This is all depends on the specifics of your case.

You should schedule a formal consultation with a lawyer. Most attorneys either provide a free initial consultation, or charge a nominal fee.

Good Luck, Elliot Jay Goldstein (Attorney with offices in Tampa and St. Petersburg - free initial consultation)

The above information is provided as a courtesy, without any consideration and without knowledge of the specific facts. Do not rely on this information. Seek a formal consultation with an attorney.

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Answered on 1/14/02, 11:36 am
Dan Akes C. Daniel Akes, Attorney at Law

Re: Personal injurie

Unfortunately, injuries occuring while in the course and scope of your employment are covered exclusively by workers' compensation (as far as your employer is concerned). The benefits you receive are very limited, and do not include pain and suffering or any other such damages. It takes conduct on the part of your employer which essentially amounts to an intentional injury in order to recover more from the employer. However, in many cases, others are liable, and may be sued for damages. An obvious example of this is where you are driving a motor vehicle in the scope of your employment, and another motorist causes you injury. Your right to recover from the other motorist remains. Another instance is that a subcontractor may under some circumstances be liable for injury to an employee of a different subcontractor. Call me if you wish to discuss your particular situation. (863) 648-1700.

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Answered on 1/14/02, 11:43 am


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