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Workers’ compensation and third-party liability

Construction Accident Attorney in Tallahassee

Workers’ compensation covers medical care and a portion of lost wages, but it does not pay for pain and suffering. A separate third-party claim often does.

Two possible avenues, and they are not exclusive

If you were injured on the job, workers’ compensation is generally your exclusive remedy against your employer. It pays authorized medical treatment and partial wage replacement regardless of fault, and it does not require proving anyone was negligent.

What it does not do is compensate you for pain and suffering, and the wage benefits replace only a fraction of what you earned.

Construction sites, however, are shared by many companies. Where someone other than your employer caused your injury, you may bring a third-party negligence claim in addition to your workers’ compensation case. That claim can recover full damages including pain and suffering.

Who the third party might be

  • A general contractor or another subcontractor whose work created the hazard.
  • The property owner, where a dangerous condition existed on the premises.
  • A manufacturer of defective equipment, tools, or safety gear.
  • An equipment lessor or a maintenance company.
  • A negligent driver, in vehicle and heavy equipment incidents.
  • An engineer or architect, where a design defect contributed.

Common construction injuries

Falls from height remain the leading cause of construction fatalities, followed by being struck by objects, electrocutions, and caught-in or caught-between incidents. Scaffold collapses, trench cave-ins, crane incidents, and defective power tools generate a substantial share of serious claims.

OSHA violations do not automatically establish liability in a civil case, but an OSHA investigation produces documentation and findings that can be valuable evidence of what the standard of care required and how it was breached.

Move quickly on evidence

Construction sites change daily. The scaffold is dismantled, the trench is filled, the defective tool goes back into circulation or disappears. Evidence that would establish liability can be gone within days of the incident.

That timeline shapes everything that follows. Written notice to the employer and a prompt medical record are what fix the date and nature of the injury. Photographs of the scene and the equipment, and a note of who was present, are frequently the only record of conditions that no longer exist.

An attorney can send preservation letters that prevent the destruction of evidence and equipment, though only while there is still something left to preserve.

The lien, and why net recovery is what matters

When both claims proceed, the workers’ compensation carrier typically holds a lien against your third-party recovery for what it paid. Negotiating that lien down is a routine but consequential part of the work, because it directly determines how much of a settlement you actually keep.

Judge any resolution by the net figure in your hands, not the headline number.

Questions we hear every week

Common questions

Can I sue if I am receiving workers’ compensation?

Not your employer, in most circumstances, because workers’ compensation is the exclusive remedy there. You can sue a negligent third party, and doing so does not forfeit your compensation benefits.

What if I am an independent contractor?

Then workers’ compensation may not cover you at all, which can make a negligence claim the primary avenue. How a company labels a worker does not control the analysis; the working relationship in practice does.

Does immigration status affect my claim?

Florida law generally permits injured workers to pursue workers’ compensation and personal injury claims regardless of immigration status. Consult an attorney about your specific circumstances.

How long do I have to file?

Workers’ compensation carries short reporting deadlines, and notice to the employer is the step that starts the claim. Third-party negligence claims accruing on or after March 24, 2023 carry a two-year statute of limitations.

What if I was partly at fault?

Workers’ compensation pays regardless of fault. In a third-party claim, your recovery is reduced by your percentage of responsibility, and exceeding 50 percent bars recovery entirely.

Related topics

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Uber and Lyft claims, where coverage swings from a personal policy to $1,000,000 by app status.

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Questions about construction accidents?

The first consultation is free. Call and talk directly with an attorney who has handled these cases in the Second Judicial Circuit of Florida for 23 years.