Personal Injury Workplace Attorney in Brandon
When injuries happen at the workplace, the employer can be held liable for them. Curry Law Group helps injured workers throughout the Tampa Bay Area understand their rights and recover the compensation they deserve.
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Employer Liability for Workplace Injuries
The responsibility lies on the employer to provide you with a safe and secure working environment which minimizes the risk of injury. In the case of an accident or injury at the workplace, it can be possible for you to seek financial compensation for the injury and any losses caused to you. To be eligible for such compensation, the accident and subsequent injury must not be caused because of your own doing, and there must be sufficient evidence to confirm this.
Types of Workplace Injuries
Common workplace injuries include: illness caused by exposure to environmental hazards such as asbestos, psychological illness resulting from work-related stress, injuries that result from work-related operations, injuries caused by carelessness of co-workers or supervisors, injuries caused when safety procedures were not followed, and psychological injuries caused by harassment or discrimination.
Steps to Take After a Workplace Injury
When dealing with workplace injuries, it is critical to take action as quickly as possible. This includes documenting all injuries (physical or psychological), requesting copies of medical records, reporting the incident to your insurance company and obtaining police reports. The amount recovered from a successful workplace injury claim can depend on the seriousness of the injury and the length of recovery.
Third-Party Claims in Workplace Injuries
You should keep in mind that you cannot file a separate civil lawsuit against an employer or co-worker if you already receive workers' compensation. However, if the injury was caused by a third party who is not the employer or co-worker, you can still file a separate lawsuit. This includes cases where faulty equipment manufactured by another company caused your injury, or when a subcontractor's negligence led to your accident.
Frequently Asked Questions
Can I file both a workers' comp claim and a personal injury lawsuit? Generally only against third parties, not your employer. We evaluate all available options. What if my employer retaliates for filing a claim? Retaliation for filing a workers' compensation claim is illegal. You may have additional claims. What if I'm not sure whether my injury was work-related? Contact us. We evaluate the circumstances to determine whether your injury qualifies.
Contact Curry Law Group Today
If you have suffered a physical or mental injury in the workplace, you could be entitled to workplace personal injury compensation. Please contact the Curry Law Group to obtain legal counsel and representation. Our firm services the entire Tampa Bay Area and would like the chance to represent you. Call 813-653-2500.
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Key Legal Terms
Important Personal Injury Terms
Understanding these terms can help you make informed decisions about your case.
Assumption of Risk
A defense arguing the injured person voluntarily accepted the known dangers of an activity. In Florida, it can reduce or bar recovery depending on the type of risk assumed.
Read full definitionBad Faith Insurance
An insurer's unreasonable refusal to settle or pay a valid claim. In Florida, a bad faith claim can expose the insurer to damages beyond the policy limits.
Read full definitionBreach of Duty
A failure to meet the standard of care that a reasonably prudent person would exercise under similar circumstances. Breach of duty is a required element of any negligence claim.
Read full definitionBurden of Proof
The obligation of a party to prove a disputed fact. In most personal injury cases, the injured person bears the burden of proving each element of their claim by a preponderance of the evidence.
Read full definitionCausation
The link between a defendant's conduct and the plaintiff's injury. A plaintiff must prove both actual cause (but-for) and proximate cause to recover damages.
Read full definitionCausation Letter
A doctor's written opinion that your injury was caused by the accident. Insurance companies often require this note to connect your pain to the incident before they will pay.
Read full definitionStart Consultation
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Curry Law Group — Personal Injury Series
Watch our attorneys break down real personal injury scenarios, evidence tips, and what to expect after an accident in Hillsborough County.
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Forms & Common Questions
Get immediate answers and the right intake forms for your matter.
Related Legal Forms
Personal Injury Questionnaire
Complete this before your consultation if you've been injured in an accident.
Top-Asked Questions
In Florida, you typically have four years from the date of injury to file a personal injury lawsuit. However, this deadline (called the statute of limitations) can vary depending on the type of injury and circumstances. It's important to act quickly because evidence can disappear and witness memories fade. We recommend contacting an attorney as soon as possible after an injury.
You may recover damages for medical expenses (past and future), lost wages, pain and suffering, emotional distress, disability, scarring, and loss of enjoyment of life. In cases involving gross negligence or intentional acts, you might also be eligible for punitive damages. The specific damages available depend on your injury and the circumstances of your case.
Most personal injury cases settle before trial. During settlement negotiations, we work with insurance companies to reach a fair agreement for your injuries and losses. However, if a fair settlement cannot be reached, we're fully prepared to take your case to trial. We'll never pressure you to accept a settlement you're not comfortable with.
The value of your case depends on many factors: the severity of your injuries, medical expenses, lost wages, permanent disability, pain and suffering, and the strength of liability evidence. We provide a thorough case evaluation during your consultation. Insurance companies often undervalue claims—that's why having an experienced attorney is crucial.
Florida uses "comparative negligence" rules. Even if you're partially at fault, you may still recover damages—reduced by your percentage of fault. For example, if you're 20% at fault and damages are $100,000, you'd recover $80,000. However, if you're found to be more than 50% at fault, you cannot recover any damages.
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