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Sarasota No-Fault Claims Lawyer

Were you recently injured at work? A majority of employees in Sarasota are covered by workers’ compensation, and they can be eligible to obtain benefits by filing a no-fault claim. However, it is essential to begin working with an experienced Sarasota no-fault claims lawyer as soon as possible to ensure that your claim is processed properly and in a timely manner. 

Sarasota Workers’ Compensation is a No-Fault System

The Florida worker’s compensation system is a no-fault system. Accordingly, any workers’ compensation claim filed by an injured Sarasota worker is a no-fault claim.

What is a no-fault system? It means that no one is liable for injuries, and the injured party does not need to prove negligence or fault in order to be eligible for compensation.

Why is Workers’ Comp No-Fault?

The no-fault system is designed to protect both employers and employees alike. With the no-fault system, an employer cannot be held accountable for injuries resulting from that employer’s own negligence. At the same time, the injured worker does not have to prove that the employer was negligent in order to be eligible for compensation.

In addition, the no-fault system benefits employees who may have been negligent themselves. For example, if a worker fails to properly use safety equipment and sustains injuries as a result of that improper use, the worker can still be eligible for workers’ compensation benefits.

When You May Be Eligible to File a Lawsuit Against an At-Fault Party

There are a few different types of scenarios in which an injured worker in or around the Sarasota area may be eligible to file a lawsuit against an at-fault party for a workplace injury.

First, when a maritime worker is injured in a workplace on a vessel, such as a cruise ship worker or a boat captain, that injured worker may be able to file a negligence lawsuit against a negligent employer under the federal Jones Act. However, this law is limited to specific maritime workers, and it does not apply to anyone who is eligible to file a workers’ compensation claim in Sarasota through the Florida workers’ compensation system.

Second, an injured worker may be eligible to file a lawsuit against an at-fault third party. What is a third-party claim? Generally speaking, the workers’ compensation system prevents an employee from filing a lawsuit against an employer or a manager at his or her place of work. To be clear, a negligent employer cannot be held responsible for workplace injuries—the workers’ comp system is a no-fault system. However, if another party unconnected to the workplace causes an accident in which a worker is injured, that injured employee may be able to file a third-party lawsuit against the negligent third-party. Examples of common third-party claims might include, for example, a product liability lawsuit against a manufacturer of a defective machine that causes a workplace injury.

Contact a Workers’ Compensation Attorney in Sarasota

Do you need assistance with your no-fault workers’ compensation claim? One of the experienced Sarasota workers’ compensation attorneys at our firm can assist you. Contact Barbas Nuñez Sanders Butler & Hovsepian to speak with one of our lawyers about your no-fault claim.

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