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Florida Workplace Accident Lawyers Who Pursue Third Party Claims
Our Florida workplace accident lawyers can file compensation claims for employees hurt at work if someone else was at fault. A worker hurt on the job may be able to bring a third party claim against someone other than the employer, such as a product manufacturer, contractor or property owner, when a defective product, ladder failure, explosion or construction collapse causes serious injury or death.
If you or a family member was badly hurt at work, call the Law Offices of Jason Turchin at 800-337-7755 for a free consultation about possible third party claims.
Florida Workplace Third Party Claims at a Glance
| Question | Short answer |
|---|---|
| Can I sue my employer after a work injury? | Usually not. Workers’ compensation is generally the exclusive remedy against an employer, with limited exceptions. |
| Who might be a third party? | A product manufacturer, equipment maker, general contractor, subcontractor, property owner or a driver who is not your coworker. |
| Can I keep my workers’ comp benefits? | In many cases, yes. A third party claim may run alongside a comp claim, though the comp carrier may have a lien. |
| What if a worker died? | Surviving family members may be able to pursue a wrongful death claim against a responsible third party. |
| How much do lawyers take from a settlement? | Our firm works on contingency, so fees come from a recovery, and fees and costs are waived if there is no recovery. |
Why Do Third Party Claims Matter After a Florida Work Injury?
Third party claims matter because workers’ compensation generally does not pay for pain and suffering, and it may not cover the full loss of future earnings after a catastrophic injury. A claim against an outside party can seek damages that comp does not provide.
Under Florida Statute §440.11, an employer that carries workers’ compensation coverage is generally shielded from most lawsuits by its own employees. That protection usually does not extend to companies that designed a defective tool, a subcontractor that left a scaffold unsafe, or a manufacturer whose pressure cooker failed. Florida Statute §440.39 recognizes that an injured worker may pursue a negligent third party, and it also gives the employer or comp carrier certain lien rights against that recovery. Working through those liens is often a key part of resolving the case.
Workers’ Compensation vs. a Third Party Claim
Many injured workers assume their comp claim is their only option. The two paths differ in who pays, what must be proven and what damages may be available.
| Issue | Workers’ compensation | Third party claim |
|---|---|---|
| Who is responsible | Employer and its comp insurer | An outside company or person, such as a manufacturer or contractor |
| Fault | Generally no need to prove fault | Negligence or a product defect usually must be shown |
| Pain and suffering | Generally not available | May be available |
| Lost wages | Partial benefits under a set formula | May seek full past and future lost earnings |
| Who our firm represents | We do not handle comp claims | This is the focus of our workplace practice |
What Kinds of Workplace Accidents Can Lead to Third Party Claims?
The strongest third party cases often involve a dangerous product or an outside company’s unsafe work. Our firm focuses on serious injuries and deaths, including:
- Exploding products and appliances. Pressure cookers, commercial coffee makers, compressors and other pressurized equipment can explode and cause severe burns, eye injuries or blast trauma. According to the Consumer Product Safety Commission, in 2023, fires contributed to 5 percent or approximately 3,150 of the annual consumer product-related deaths.
- Defective ladder falls. A rail that buckles, a locking mechanism that slips or a foot that gives way can send a worker to the ground. The same CPSC report states that falls contributed to more than 70 percent of all product-related deaths or an estimated 41,960 deaths in 2023.
- Construction collapses. Scaffolds, trenches, walls and temporary structures may fail because of poor design, bad materials or another contractor’s shortcuts. Construction sites also bring heavy vehicle risks, which we cover on our page about Florida dump truck accidents on construction and road projects.
- Machinery and equipment failures. Missing guards, faulty safety switches and poor warnings may point to the manufacturer.
- Vehicle crashes while working. Delivery drivers and field workers hit by another motorist may have a claim against that driver.
Product defects are not limited to job sites. Our firm has written about consumer product concerns such as reported Ford Focus unexpected stalling problems and a cycling pedal cleat allegedly linked to serious injury, and the same product liability principles can apply to tools and equipment used at work.
Example Scenarios
These hypothetical examples show how third party claims can arise. They are not actual cases or results.
- Restaurant kitchen explosion. A line cook is burned when a commercial pressure cooker’s lid releases under pressure. Comp may cover medical bills, while a product claim against the manufacturer may examine the locking design and warnings.
- Ladder collapse on a remodel. A painter falls when a ladder rail folds. If testing suggests a manufacturing flaw, the ladder maker may be a responsible third party.
- Scaffold failure. A worker employed by one subcontractor is hurt when scaffolding put up by a different company gives way. The scaffold company may face a negligence claim.
What Legal Options Do Families Have After a Fatal Workplace Accident?
When a worker dies, the family may be able to pursue workers’ compensation death benefits and, separately, a wrongful death claim against a negligent third party. These are often the two main legal options.
A wrongful death claim in Florida is generally brought by the personal representative of the estate on behalf of the survivors. It may seek damages such as lost support and services, loss of companionship and funeral expenses, depending on the family’s relationship to the person who died. Because comp liens and multiple defendants can complicate these cases, early investigation may help preserve the equipment, site records and witness accounts.
What Should You Do After a Serious Work Injury?
- Report the injury to your employer and get medical care right away.
- Do not return, discard or repair the product or equipment involved, if you can avoid it.
- Take photos of the scene, the product, labels and serial numbers.
- Write down the names of coworkers, contractors and witnesses.
- Talk to a lawyer before giving recorded statements to an outside company’s insurer.
Deadlines under Florida Statute §95.11 can be short, and product cases may raise additional time limits, so it may help to act promptly.
Why Choose the Law Offices of Jason Turchin
Attorney Jason Turchin founded the firm in South Florida, and focuses on personal injury cases, including serious product and workplace injury claims against outside parties. He is a #1 Best Selling Author on Amazon.com on Accident Law.
He has been named to the Super Lawyers list from 2020 through 2026 and is AV Preeminent Peer Rated for Highest Level of Professional Excellence by Martindale-Hubbell in 2026. He is also a Member of Multi-Million Dollar Advocates Forum List.
The firm is based in South Florida and handles personal injury cases in Florida, New York, New Jersey and Washington, D.C., and throughout the U.S. with a network of co-counsels and local counsels. Clients injured in Central Florida can also learn more on our Orlando personal injury lawyers page. Cases are handled on a contingency fee basis, with fees and costs waived if there is no recovery. You can read more about Attorney Jason Turchin’s background.
Frequently Asked Questions
Do you handle workers’ compensation claims?
No. Our firm does not handle workers’ compensation. We focus on claims against third parties whose negligence or defective products may have caused a work injury.
Will a third party claim affect my comp benefits?
Generally, a third party claim does not stop comp benefits, but the employer or carrier may have a lien on part of any recovery under Florida law.
What if I was partly at fault?
Fault can affect a third party claim under Florida’s comparative fault rules. An attorney can review the facts and explain how fault may apply.
How much does it cost to talk to your firm?
The consultation is free. Cases are handled on contingency, with fees and costs waived if there is no recovery.
Talk to a Florida Workplace Injury Lawyer About a Third Party Claim
A serious injury on the job can change everything for a family. If a defective product, ladder, explosion or another company’s unsafe work played a role, you may have options beyond workers’ compensation. Call 800-337-7755 or contact us online for a free consultation.
