Practice Areas
Third-Party Liability Claims for Florida Work Injuries
Third-Party Liability Claims
When Someone Other Than Your Employer Caused Your Work Injury
Workers’ compensation is a trade-off. In exchange for guaranteed benefits without having to prove fault, you give up the right to sue your employer, and you accept limits: no compensation for pain and suffering, and only a portion of your lost wages. For many injured workers, that is the end of the story they are told. But it is often not the whole story. When a party outside your employment relationship caused your injury, Florida law lets you pursue that party directly through a third-party liability claim for the full value of your losses, in addition to your workers’ compensation benefits. At Furmanski Law Group, Daniel Furmanski makes sure no source of recovery is overlooked.
What a third-party claim is
A third-party claim is a personal injury case brought against someone other than your employer or a coworker. Unlike workers’ compensation, it is based on negligence, which means you must show that the third party’s carelessness caused your injury. In return for that higher burden, a third-party claim opens the door to damages workers’ compensation simply does not provide, including your full lost wages, your reduced earning capacity, and compensation for the physical pain and diminished quality of life you have suffered.
Common third-party scenarios
Third-party claims arise in more situations than most workers realize. A subcontractor on a shared job site makes a mistake that injures you. A defective machine or power tool fails and causes harm, making the manufacturer responsible. A negligent driver hits you while you are working, whether you are making deliveries, doing road work, or simply driving for your job. A property owner allows a dangerous condition to exist on premises where you are sent to work. In each of these examples, the responsible party is not your employer, which is exactly what makes a separate claim possible.
What you can recover that workers' compensation will not pay
This is the heart of why third-party claims matter. Workers’ compensation typically pays your medical bills and a fraction of your average wages, and nothing more. A third-party claim can recover the wages workers’ compensation did not, your future lost earning capacity, and full compensation for pain, suffering, and loss of enjoyment of life. For a seriously injured worker, the difference between those two outcomes can be enormous, and it can determine whether your family is made whole.
How the two claims work together
Pursuing a third-party claim does not mean giving up your workers’ compensation benefits. The two can run side by side. There is one important wrinkle: when your employer’s workers’ compensation insurer has paid benefits, it usually has a right to be repaid out of your third-party recovery, known as a lien or subrogation interest. Handled poorly, that lien can eat into your net recovery. Handled well, it can often be negotiated down. We manage this coordination carefully so you keep as much of your recovery as possible.
Deadlines and why early action matters
Third-party claims are governed by Florida’s negligence deadline, which as of 2023 is generally two years from the date of the injury. Beyond the legal deadline, the practical reasons to act early are just as important. Evidence at the scene, the condition of equipment, and witness memories all degrade over time. The sooner we begin, the stronger your case will be.
Why injured workers choose Furmanski Law Group
Identifying a viable third-party claim takes a lawyer who looks beyond the obvious workers’ compensation file. Daniel Furmanski reviews every work injury for additional liable parties, gives you direct access to him throughout the case, and prepares each claim for trial. He serves clients in English and Spanish and charges no fee unless he wins.
Frequently Asked Questions
Frequently Asked Questions About
Q: Can I file both a workers' compensation and a third-party claim?
Often yes. The two claims can proceed together, and we coordinate them to maximize your net recovery.
Q: What is a workers' compensation lien?
It is the insurer's right to be repaid from your third-party recovery for benefits it already paid. We work to reduce it where possible.
Q: How do I know if I have a third-party claim?
The best way is a free case review. We will identify every party whose negligence may have contributed to your injury.
Direct Lawyer Access
Talk directly with your lawyer today
If someone other than your employer caused your work injury, your recovery may be far greater than workers’ compensation alone. Call Furmanski Law Group at +1 (305) 900-6657 for a free, bilingual consultation.
Reach Today!
Get a Free Consultation
"*" indicates required fields
