Workers’ Compensation vs. Personal Injury Claims in Florida: FAQs

Facing an injury can be a stressful and confusing experience, especially if you’re not sure what steps to take or what kind of claim you should pursue. Whether you’ve been hurt at work or in another situation, the uncertainty surrounding the differences between workers’ compensation and personal injury claims can make things even more overwhelming. If you find yourself in this situation, you are not alone. Our firm is here to help guide you through this process with empathy, understanding, and a commitment to achieving the best possible outcome for your case.

Understanding the Basics of Workers’ Compensation and Personal Injury Claims

Before diving into the details of each type of claim, it’s important to understand the basic differences between workers’ compensation and personal injury claims. Workers’ compensation is a system designed to provide financial support and medical benefits to employees who are injured while performing job-related duties. These claims are filed through your employer’s workers’ compensation insurance, and typically, the employee does not need to prove fault. As long as the injury occurred while performing work duties, the claim will likely be covered.

On the other hand, personal injury claims arise when someone is injured due to another person’s negligence. These cases are often filed when an individual suffers harm in situations like car accidents, slip and falls, or accidents caused by defective products. Unlike workers’ compensation, personal injury claims require proving that another party was at fault for the injury.

Both types of claims have their benefits and challenges, and understanding these can help you determine which path to take.

Can I File Both a Workers’ Compensation and Personal Injury Claim for the Same Incident?

This is a common question for many people. The answer is that, in some cases, it is possible to file both types of claims. However, this depends on the nature of the incident and the details of the case. For example, if you are injured at work due to a third party’s negligence – such as in a car accident caused by someone outside of your company – you may be able to file both a workers’ compensation claim and a personal injury lawsuit against the responsible party.

Michael Serrano

Founding Attorney

Candace “Cea” Hartley

Associate Attorney

While workers’ compensation will cover the medical expenses and provide lost wages, a personal injury lawsuit could potentially result in additional compensation for pain and suffering,

emotional distress, and other damages. However, pursuing both claims can be complicated, and it is important to seek legal advice to ensure you are following the correct process and protecting your rights.

What Is the Main Difference Between Workers’ Compensation and Personal Injury Claims?

The most significant difference between workers’ compensation and personal injury claims is how fault is treated. Workers’ compensation does not require you to prove that your employer or another party was at fault for the accident. This system is designed to make it easier for employees to get benefits quickly without having to go through a lengthy legal battle. In contrast, personal injury claims require you to demonstrate that the other party was negligent or intentionally caused your injury.

Additionally, workers’ compensation benefits are generally limited to medical expenses, lost wages, and rehabilitation costs. Personal injury claims, however, can cover a broader range of damages, including compensation for pain and suffering, emotional distress, loss of enjoyment of life, and punitive damages in some cases.

Mike Serrano’s law office was everything I needed after a very traumatic accident. He was always super up front and honest with me. I never got the feeling he was trying to sell me on something or to do something that I wasn’t comfortable with. He listened to my concerns and when it tough moments came that I needed to stand my ground. He backed me and made me feel 100% secure. He got me exactly what I needed in a settlement and I would never consider using anyone else. His office staff is also phenomenal.”

- Mary

Mike Serrano was a great attorney for my case!! He was very flexible with phone calls/ Zoom meetings. His staff are always friendly, whether it be on the phone or emails. They keep you updated during your entire case! They don’t leave you silent for months. if you call, they always call back with updates! Highly recommend!"

- Kylie Collier Border

I’ve never had to deal with a lawyer before but Mike has set the bar HIGH. He was always available to communicate my concerns and explain each step of the way. I know no other lawyer would have been able to achieve the same results because he jumped on an opportunity that was a little out of the ordinary and it paid off. He really fought for my case and over delivered. I really hope I never have another accident but if I do I’m running to Mike for help."

- Sandy Carter

How Do Workers’ Compensation Claims Work in Florida?

In Florida, workers’ compensation is a no-fault system. This means that if you are injured while performing your job duties, you are typically entitled to workers’ compensation benefits regardless of whether the injury was your fault or the employer’s fault. You must report the injury to your employer as soon as possible, and the employer will then file a claim with their insurance company.

Once your claim is filed, you will be evaluated by a medical professional, and your medical treatment will be covered by the workers’ compensation insurance. You may also be entitled to a portion of your lost wages if you are unable to work due to your injury. However, workers’ compensation benefits are usually limited, and you cannot pursue additional compensation for pain and suffering or other emotional damages through this system.

What Is the Process for Filing a Personal Injury Claim in Florida?

If your injury is caused by someone else’s negligence, you may be able to file a personal injury claim against the responsible party. The process starts by gathering evidence of the incident, such as photos, witness statements, and any medical records related to your injury. Once you have gathered enough evidence, you will file a lawsuit in civil court seeking compensation for damages such as medical expenses, lost wages, and pain and suffering.

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Unlike workers’ compensation, personal injury claims require you to prove that the other party was at fault. This is where it can be beneficial to have an experienced attorney by your side. A personal injury attorney will be able to help gather the necessary evidence, negotiate with insurance companies, and represent you in court if needed.

How Long Do I Have to File a Claim in Florida?

Both workers’ compensation and personal injury claims in Florida have time limits, known as statutes of limitations. For workers’ compensation claims, you generally have 30 days from the date of the injury to report it to your employer. If you fail to report the injury within this time frame, you may lose your right to file a workers’ compensation claim.

For personal injury claims, the statute of limitations is typically four years from the date of the accident. This means that you must file a lawsuit within four years, or you may lose your right to seek compensation. However, there are exceptions to this rule, and it’s always best to consult an attorney as soon as possible to ensure you don’t miss any important deadlines.

Case Results

Car Accident

This client was injured in an auto accident with a driver who improperly merged into her lane. Her vehicle was totaled. She sustained an aggravation of her pre-existing disc herniations in her neck and new disc herniations in her lower back. We obtained the full limits of both the at-fault driver’s bodily injury coverage and our client’s underinsured motorist coverage, which were significant. The settlement was achieved without a law suit and within four months after the client finished treating.

Rear End Collision

This particular client was injured in an accident in late 2015 when she was rear-ended. She sustained an aggravation of pre-existing disc herniations in her neck and a new disc herniation which ultimately required a surgical fusion. By the time of trial, her medical bills exceeded $180,000.00. The Defendants’ offer pre-suit was $20,000.00. We were able to obtain a jury verdict of $441,000.00, plus attorneys’ fees.

Car Accident

A client was injured in a rear-end collision where he sustained an aggravation of a pre-existing disc bulge that developed into a herniation in his lower back. We obtained a jury verdict which was over 6 times what had been offered prior to trial.

Car Accident

In this case, our client injured her shoulder after being struck by a vehicle while she was performing volunteer services. The driver was traveling at such a high rate of speed entering a parking lot that he clipped another vehicle, hit a parking barrier and was launched into a tree. After the client attempted to negotiate with the insurance company prior to hiring us, we were able to obtain an amount that was over double the prior offer.

Intentional Torts

Our client was injured from an assault by a patron of a party while working security. His shoulder required multiple surgeries. He hired our office to pursue a claim to recoup his medical bills, which exceeded $130,000.00. After his assailant offered him $10,000.00 to resolve his case, we took the case to a jury to decide. The jury awarded our client all of his medical bills and tripled his award for pain and suffering.

Car Accident

This client came to us about a car wreck that occurred in 2014 where she sustained injuries. She approached our firm just one week before the statute of limitations was set to expire after being turned away by several other law firms. We filed a lawsuit and were able to obtain the limits of the at-fault driver’s bodily injury coverage and an additional settlement from the client’s insurance carrier.

Truck Crash

This couple was injured in an automobile accident after they were rear-ended in a seven-car pileup caused by a semi-trailer. Of the 15 people who made claims on the same insurance policy, our clients each received the second and third highest offers, which covered all of their past and future medical bills and their attorney’s fees.

Truck Crash

In this case, our client was injured from a rear-end collision with an eighteen-wheeler. Her original lawyer procured a settlement offer of $7,000.00 to settle her case. Because the offer did not approach the amount of bills she incurred from accident related treatment, she came to our firm for a consultation. She decided to hire us. We promptly filed suit and obtained a settlement for her.

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What Compensation Can I Receive from Each Type of Claim?

In workers’ compensation cases, the compensation you receive is generally limited to medical benefits and a percentage of your lost wages. Workers’ compensation does not cover pain and suffering or emotional distress. The amount you can receive depends on the severity of your injury and the extent to which it affects your ability to work.

In personal injury cases, the compensation you can receive is broader and can include medical expenses, lost wages, pain and suffering, emotional distress, and sometimes punitive damages. The amount you can receive depends on the severity of the injury, the impact it has on your life, and whether you can prove the other party’s negligence.

Should I Hire a Lawyer for My Workers’ Compensation or Personal Injury Claim?

Whether you are pursuing a workers’ compensation claim or a personal injury claim, having an experienced attorney can make a significant difference in the outcome of your case. Attorneys can help guide you through the process, ensure that your rights are protected, and negotiate with insurance companies to help you receive the compensation you deserve.

For workers’ compensation cases, an attorney can assist in ensuring that you receive the correct benefits and fight against any denials or delays from the insurance company. For personal injury cases, an attorney will work to prove fault and maximize your compensation for medical expenses, lost wages, pain and suffering, and more.

How Can We Help You With Your Case?

At our firm, we understand the complexities and emotional toll that comes with navigating a workers’ compensation or personal injury claim. We are here to listen, provide guidance, and work tirelessly to ensure you receive the compensation you deserve. Whether you are filing a workers’ compensation claim for an injury at work or a personal injury claim for an accident caused by someone else’s negligence, we are committed to fighting for your rights.

If you’re unsure about which path to take or have questions about your case, contact us today. We will review your situation and provide you with the support and guidance needed to achieve a successful case result. Don’t face this challenge alone – let us help you get the justice you deserve. Reach out to us at Serrano Law, and we will be by your side every step of the way.