Work says my injury is ‘just workers’ comp’—do I have other rights?

If you got hurt in your office or at work in Florida, and you’re hearing/thinking that “my injury is just workers’ comp, but do I have any other rights?”, most of the time, workers’ comp is only half the story. At Tucker Law, our firm is proud to explain things in general terms in order to keep things simple and not confuse anyone.

Workers’ compensation is designed to provide medical care and some wage replacement, moving quickly. The trade-off is that, in most cases, you can’t sue your employer for ordinary negligence because workers’ comp is the “exclusive” remedy. (Online Sunshine)

A key component to it all is “who is responsible?” Your employer isn’t always the only party responsible. If a negligent driver, subcontractor, property owner, manufacturer, or another non-employer caused or contributed to your injury, you may have a separate third-party claim on top of workers’ comp. (Online Sunshine)

Below, our firm has provided a simple list of what workers’ comp pays out to you and another list of what it doesn’t. In these cases, you never want to assume that everything is going to be handled or, for the most part, covered.

Workers’ comp typically covers:

authorized medical treatment
a portion of lost wages (not your full paycheck)
certain disability benefits

Workers’ comp usually does not cover:

pain and suffering
full wage loss and future earning capacity, the way a negligence claim can
the full, real-life ripple effects (family strain, loss of normal life, long-term limitations)

The gap between the two is exactly why third-party claims matter, because you do have other rights beyond your workers’ comp.

In Florida, workers’ comp immunity generally protects the employer, but there are important exceptions and workarounds depending on who caused the harm. (Online Sunshine)

The most common “other rights” situations that our firm sees:

on-the-job car accident caused by another driver (delivery driving, traveling between job sites, sales calls)
worksite injuries caused by another company (subcontractors, vendors, maintenance crews)
injuries caused by unsafe property conditions controlled by a non-employer (parking lots, shared buildings, third-party warehouses)
defective tools, machinery, ladders, scaffolding, or safety gear (product liability)
rare cases where the employer’s conduct meets Florida’s intentional tort standard, or the employer failed to carry required workers’ comp coverage (Online Sunshine)

If the negligent party is not your employer, that’s where a third-party case can open the door to a broader recovery. A simple way of thinking about this is, “Who had the power to prevent this?” If the answer includes someone outside your employer’s company, you may have another claim worth investigating.

Deadlines come fast (and the evidence disappears faster)

Two time traps matter in Florida:

Reporting the work injury
Florida law generally requires reporting a workplace injury to the employer within 30 days.
Filing windows in comp and in third-party negligence cases
Florida workers’ comp petitions for benefits can be time-barred if not filed within the required period (with rules about when the clock starts and tolling).
Separately, Florida negligence cases are generally subject to a two-year statute of limitations.

You don’t need to memorize deadlines—just don’t wait until you “feel better” to start protecting your claim.

The workers’ comp lien: the “surprise” that can shrink your settlement
If you bring a third-party claim while receiving workers’ comp benefits, Florida law allows the employer/carrier to seek reimbursement from the third-party recovery through a lien/subrogation process.

This is where legal representation can make a major difference—because “winning” a settlement is not the same thing as maximizing what ends up in your pocket after liens, offsets, costs, and future benefit issues are handled correctly.

The most common mistakes after a work-related accident
We see good people make the same avoidable mistakes. Typically because, they’re hurt, overwhelmed, and trusting the system to be fair. Our firm created a list of general things to try and avoid so you don’t hurt your claim or

Try to avoid these:

waiting too long to report the injury (or downplaying it when you do)
giving a recorded statement before understanding the medical picture
treating with the wrong providers or outside the authorized process (which can create fights about coverage)
assuming the at-fault party is “untouchable” because it happened at work
failing to identify third parties early (vendors, drivers, subcontractors, property managers)
posting about the accident or “feeling fine” on social media while your claim is pending
taking a quick settlement before you know whether surgery, injections, or long-term restrictions are coming

As an attorney in Florida, there have been plenty of cases that I’ve seen where clients have made avoidable mistakes and it’s simply because they were miss informed or under informed. This unfortunately happens more often than you would think.

How a lawyer helps you understand your rights and maximize compensation (especially when comp + third-party overlap). At Tucker Law, we don’t just “file paperwork.” We build the case like it’s going to trial—because that’s how insurers take you seriously.

Here’s what we do to protect and grow the value of a work-related injury case:

identify every potentially responsible party (not just the employer)
preserve evidence before it disappears (incident reports, jobsite logs, vehicle data, video, witness statements)
document damages the right way (medical records, impairment ratings, wage proof, future limitations)
handle the insurance and adjuster pressure so you don’t get boxed into a story too early
coordinate the comp side with the third-party side so they don’t sabotage each other
negotiate lien/subrogation issues so your net recovery is protected
build a full damages package that reflects your real life, not just a spreadsheet

A simple checklist if you’re hurt at work in Florida:

Report the injury right away, and be accurate and consistent.
Get medical care and follow through with treatment.
Write down names: witnesses, vendors, drivers, subcontractors, property owners.
Take photos (injury, scene, equipment, vehicles) if you can do so safely.
Don’t sign a settlement or give a recorded statement until you understand what you’re giving up.
Talk to a lawyer early if anyone outside your employer may have caused the injury.

Overall, “just workers’ comp” is often what they say when they don’t want you asking bigger questions
If you were hurt at work in Florida—especially in a crash, on a construction site, in a loading area, or around equipment—there may be more than one path to recovery. And the earlier you investigate, the more leverage you keep.

If you’re hearing “it’s just workers’ comp” and something feels off, call Tucker Law at 1-800-TUCKERWINS. We’ll look at the full picture—workers’ comp, third-party liability, and how to maximize what you actually take home—so you’re not stuck paying the price for someone else’s negligence.