Perhaps the most common question asked by individuals in Orlando who end up sustaining an injury while they are working is whether or not they can file a lawsuit against their employer. The short answer is yes, however, many employees who suffer injury on the job opt to file a claim for worker’s compensation. This is well within the rights of an injured employee, of course, but if a worker’s comp claim is filed then that employee cannot file a lawsuit against the employer for any reason. Conversely, the employer cannot file a lawsuit against the employee for causing a catastrophe in the workplace or for any other reason.
The reason that many employees choose to file for worker’s compensation rather than filing a lawsuit against their employer when they are injured at work is that the judgment on a lawsuit can take weeks or even months to be determined and there is no certainty that the judgment will be in the employee’s favor. That being the case, in most instances the injured individual is in need of medical treatment and/or ongoing care that generate immediate medical costs.
However, if the injured workers sustained his or her injuries as the result of the negligence or malicious intent of a non-employee third party, they can certainly file a lawsuit against that party for compensation. The possibility of bringing a collateral action against such a third party is always there in the case of an injury sustained on the job as long as it is determined that that party was in fact responsible for the injury. Anyone who is injured on the job, regardless of the circumstances, should always contact a competent and experienced attorney in order to determine the best course of action going forward.
