Injuries at work happen. At a minimum an employee will have a Worker's Compensation action which will provide for medical treatment and a settlement depending on the injury. Worker's Compensation is a statutorily created action that differs from other tort or injury actions in procedure and fault. Worker’s Compensation injuries do require proof of fault. When you have a work injury you must seek the advice of an attorney who specializes in this area. Most injury lawyers do not handle the Worker's Compensation claims.

In addition to the Worker's Compensation claim, those injured at work may have a third party claim. If your work related injury was caused by the negligence of a third party you have an additional claim against that entity. For example, if the machine you use at work malfunctions and injures you, you have both a Worker's Compensation claim and a third party claim against the manufacturer of the machine or others. Many times the third party claim returns more financial recovery than the Worker's Compensation claim.

Different states; however, have varying workers compensation laws. In Florida, for example, state law requires that an employer pay 100% of your medical expenses and 66 2/3% of your average gross wages while off of work. In addition, if you are permanently disabled, you are eligible for a lump sum award. Many times, your employer will dispute your level of disability or your entire claim. Your attorney must make sure that your employer adheres to the law and that you are compensated for your injury. Only a competent attorney, experienced and knowledgeable, in worker’s compensation matters can advise and counsel you regarding your case, as facts in one case are different from others.