I tripped over a set of forks on a forklift that was left up approx 8 inches by a third party company that came in to work on a forklift. I was knocked unconscious can not remember incident, spent three days in the hospital, missed my sons high school graduation. The company i work for has done everything they are required to do to my knowledge. my question is can i sue the third party company for the incident, pain and suffering, loss wages that i lost till workers comp started, lost wages from my wife, pain and suffering, missing sons graduation. scar on head above left eye.
Absolutely. Getting injured at work due to third party's negligence entitles you to a cause of action against that party outside of the general workers' comp scheme. You should talk to an attorney who is experienced in handling third party liability cases with a large workers' compensation component.
This comment is intended for informational purposes only and does not constitute legal advice. No attorney-client relationship is formed by way of this communication.
Seek the advice of both a personal injury attorney and a workers compensation attorney (or ideally one that handles both). You have a workers comp claim, most likely, but also a possible claim against the third party.
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You might have both a third party and workers compensation claim. You need to sit down with an experienced attorney who handled both claims. Do your due diligence. Then call and make an appointment.
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Yes. You also have a viable claim against the third party who was negligent. Call a local attorney.
I have handled similar matters for 23 years. You should speak to a pi and work comp attorney asap. It appears you have 2 separate viable claims. Speak with an attorney at once
Generally, NO as it appears you received workers comp. This likely falls into the immunity under the borrowed servant doctrine. However, you still want to have this reviewed, given the injuries, as there are significant exceptions to the doctrine and it depends a great deal on what the third party was doing and who they were doing it for.
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Yes, you need to speak with an attorney. You should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statement to the adverse party or insurance company nor grant them access to any medical records. Photograph the injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on Avvo.com dealing with many of the issues you are now facing. The Guides can be accessed through my profile page on Avvo.com.
Legal Disclaimer: If this information has been helpful, please indicate below. Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
You can make a claim against a third party even though you cannot sue your employer for negligence in Florida because of the Worker's Compensation law. One of the issues will be whether you should have seen the forks as an obvious condition. I do not know under what circumstances you fell or failed to see the forks. In addition, your employer should be compensating your under their WC coverage for a percentage of your wages and should send you to their providers and/or cover your medical expenses - you will have to pay them back out of any recovery. If you have problems that are continuing arising from this incident you should contact a local lawyer.
It sounds like you definitely have a workers compensation claim and likely what is referred to as a "third party" personal injury claim against the outside repair company. I agree that you should consult an experienced attorney who handles both types of claims or a firm with both personal injury and workers compensation departments. There are many such options. Check on AVVO for an experienced attorney in your area. Good luck.
I am sorry to hear about your situation. To answer your question directly, you should get an attorney whohas experience in both personal injury and workers compensation matters in the Orlando area. Only such an attorney is aware of both issues in both kinds of cases and how they will affect each other - an attorney experienced in both types of cases Will be able to give you all of the different options that come so that you can make the very best decision for your overall situation. You can take a look at our AVVO profiles, client profiles, and profiles from other attorneys. You can reach many of us over the weekends through our website and email addresses. In your search you should be able to gather enough information to pick the very best attorney for you. I hope this is helpful.
You need to speak with a local personal injury attorney as soon as possible. Although workers compensation has paid some benefits, you may have a viable claim against a third party. Of additional significance, you need to let the attorney you speak with know that you were knocked unconscious and cannot remember the incident as well as any other cognitive deficits you have experienced since your trip and fall since you may have sustained a Traumatic Brain Injury.
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