Do I Need a Personal Injury Attorney?

Question:

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 cannot remember the 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.

Answer:

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.

This legal question was provided by a Avvo and answered by Betsey Herd an experienced Tampa, FL Personal Injury Attorney. This does not consent an attorney client relationship.