Getting hurt at work leaves you worried about your income, your recovery, and whether speaking up will cost you your job. You are not alone, and you do not have to stand up to the company or its insurer by yourself. Industrial and manufacturing jobs carry some of the most serious injury risks of any workplace. When safety steps break down or someone is careless, the results can be devastating. The industrial accident attorneys at Templer & Hirsch fight to make sure injured workers get the full compensation they are owed. In our experience, the largest recoveries in these cases come from looking past workers' compensation to the equipment maker or outside contractor whose negligence actually caused the injury.
Florida Industrial Accident Lawyers

Types of Industrial Accidents

We handle industrial accident cases involving machinery accidents and workers getting caught in equipment, conveyor belt and assembly line injuries, forklift and heavy equipment accidents, explosions and chemical exposure, electrocution and other electrical accidents, falls from heights such as scaffolding, ladders, and roofs, welding accidents, and crane and rigging failures.

Workers' Compensation vs. Third-Party Claims

Injured industrial workers often have more than one way to recover. Workers' compensation pays for medical care and lost wages no matter who was at fault. But if a third party, such as an equipment maker, a subcontractor, or a property owner, helped cause your accident, you may also file a separate injury lawsuit for full damages, including pain and suffering. That second claim is often where the real recovery is.

OSHA Violations and Your Claim

If your employer or another company on the site broke Occupational Safety and Health Administration (OSHA) safety rules, that can be strong evidence in your case. We look into whether any safety rules were broken and use that proof to push for the most compensation possible.

Free Consultation

If you or someone you love was hurt in an industrial accident, call Templer & Hirsch today for a free, no-pressure consultation. We take these cases on a contingency fee basis, so you pay no attorney fees unless we recover money for you.

Workers' Comp vs. a Third-Party Claim in Florida

After an industrial or workplace injury in Florida, there are usually two very different paths to compensation, and many injured workers only hear about one of them. Florida's workers' compensation law (Chapter 440) is the "exclusive remedy" against your employer, but it does not block a claim against a negligent third party.

What each type of claim can pay you for

Workers' comp is limited by law. A claim against someone other than your employer is not.

Workers' comp (vs. employer)
Medical care and about 66⅔% of lost pay
Third-party claim (vs. others)
All losses, including pain and suffering

Workers' comp is no-fault but does not pay for pain and suffering. A third-party negligence claim, against an equipment maker, subcontractor, or property owner, can recover fuller damages. Many serious industrial injuries support both at once.

66⅔%Of wages typically paid by workers' comp
30 daysTo report a workplace injury to your employer
2 yrsDeadline for a third-party injury lawsuit

The exclusive-remedy exception is where cases are won. Under Fla. Stat. § 440.11 you usually cannot sue your employer, but § 440.39 preserves your right to pursue negligent third parties, and those claims allow full damages. Identifying every non-employer at fault, a machine manufacturer, a maintenance company, a general contractor, is often the difference. See our workers' compensation and personal injury pages for how the two fit together.

Where We Handle Florida Industrial Accident Lawyers Cases

We help workers hurt on job sites, in warehouses, and in plants across Florida, including:

The Attorneys Who Handle These Cases

Aventura injury attorneys David L. Templer and Mark Hirsch of Templer & Hirsch
David L. Templer and Mark Hirsch at the firm's Aventura office

David L. Templer and Mark Hirsch have practiced from the same Aventura office for more than 35 years and have recovered over $100 million for injured people. You speak with an attorney, not a case manager, and the attorney you speak with is the attorney who handles your file.

Consultations are free and there is no fee unless we recover money for you. Call 305-937-2700 or send us the details.

Frequently Asked Questions

Can I sue my employer for an industrial accident in Florida?

Usually not directly. Under Florida's workers' compensation law (Chapter 440), comp is the exclusive remedy against your employer in most cases. But you can pursue a separate lawsuit against a negligent third party, such as an equipment manufacturer or another contractor on site.

What is a third-party claim?

It is a negligence claim against someone other than your employer who contributed to your injury, for example the maker of a defective machine, a subcontractor, or the owner of the property. Unlike workers' comp, a third-party claim can recover full damages, including pain and suffering.

Can I collect workers' comp and still file a third-party lawsuit?

Often yes. Many injured workers receive workers' compensation benefits while also pursuing a third-party claim. The comp carrier may have a right to be repaid from a third-party recovery (a lien under Fla. Stat. § 440.39), which is something an attorney can help you manage.

How long do I have to act after a workplace injury?

Report the injury to your employer quickly, generally within 30 days, to protect your workers' comp benefits. A separate third-party lawsuit generally must be filed within two years under Fla. Stat. § 95.11.

Explore more ways Templer & Hirsch can help, and use our settlement calculators for federal maritime claims.

Sources & further reading (verify before relying on them)

This page is general information, not legal advice. Laws change; confirm the current statute and speak with an attorney about your situation.