Can I File a Worker’s Compensation and a Premises Liability Claim? By Steve Charpentier on August 17, 2016

Worker’s compensation injury claim formWork accidents are a common occurrence, which is why businesses are required to carry worker’s compensation insurance. This insurance is meant to cover the costs of medical care and lost wages should an employee be injured on the job. Fortunately, worker’s compensation benefits are provided regardless of who is at fault for the injury. Unfortunately, these benefits do have their limitations. That is why victims of work injuries may want to explore additional means of compensation. Premises liability laws hold negligent property owners accountable for accidents and injuries that take place on their premises. The experienced premises liability attorneys at Charpentier Law Firm, P.A. can explore a worker’s compensation accident to determine if a third-party property owner may be found liable for damages. In cases such as these, premises liability and worker’s compensation can overlap to provide our Melbourne, FL clients with maximum compensation for the losses of a work injury.

Limitations of Worker’s Compensation

Worker’s compensation is a benefit that assists employees who are injured on the job. These benefits allow injury victims to receive necessary medical care without suffering out-of-pocket losses. In addition, worker’s compensation will provide employees with temporary compensation for lost wages. Unfortunately, worker’s compensation benefits are limited and do not always compensate employees for the full extent of their losses. Some damages that are not covered under worker’s compensation include pain and suffering and the loss of any future wages (should long-term damages impact an injury victim’s wage-earning potential). These losses can be catastrophic for employees and their families, which is why injury victims may want to explore additional means of compensation.

When Do Premises Liability Laws Apply?

Many people assume that, if they are injured on the job, worker’s compensation is their only source of financial recovery. However, many work injuries are also cases of premises liability. A work injury may qualify for a premises liability lawsuit if the injury took place on property owned by a third party (as opposed to the employer), and the injury was due to the reckless or negligent maintenance of that property. Some maintenance issues that are considered under the terms of premises liability include the following:

  • Wet, slippery floors
  • Improper signage
  • Lack of protective measures (such as fences, gates, guardrails, etc.)
  • Substandard construction
  • Improperly stacked cargo
  • Poor traffic patterns

If a work injury has taken place on property owned by a third party, our attorneys can gather evidence to determine if property liability applies.

Can I File Worker’s Compensation and Premises Liability?

It is important for work injury victims to understand that worker’s compensation and premises liability are not mutually exclusive. Filing a premises liability lawsuit will not cancel out worker’s compensation benefits. Any financial rewards from a premises liability lawsuit would be in addition to worker’s compensation benefits. This allows work injury victims to be fully compensated for the extent of their losses, including pain and suffering and the loss of future wages.

Schedule a Consultation

If you have been injured on the job, it is important to contact a personal injury attorney as soon as possible. Our experienced team of attorneys at Charpentier Law Firm, P.A. can explore the details of your case to ensure you are being fully compensated for damages suffered. Schedule a consultation at your earliest convenience to discuss the details of your injury and find out how we can help in collecting maximum compensation.

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Charpentier Law Firm, P.A.

Since 1981, Stephen G. Charpentier has been protecting victims' rights. Mr. Charpentier:

  • Is a recipient of an AV rating, the Martindale-Hubbel® National Law Directory's highest honor
  • Earned Florida Legal Elite status in 2010
  • Handles cases in many practice areas including medical malpractice, auto accidents, and wrongful death

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