The Personal Injury Lawyer in Miami, Jonathan Perazzo, informs that after a fatal or serious workplace accident in Florida, that workers’ compensation may not always be the only option for the family. Workers’ comp is usually the exclusive remedy against the employer, but when a machine maker, property owner, contractor, or other outside party contributed to the harm, the family can bring a separate third-party lawsuit, one that can seek the full damages, including pain and suffering, that workers’ comp does not pay.
On July 10, 2026, a worker was killed in an industrial accident at a facility in Deerfield Beach, in Broward County, according to Local 10 News and other South Florida outlets. The incident remains under investigation. We do not know the cause, and nothing here suggests fault against anyone involved in that specific event. But a tragedy like this raises a question that thousands of Florida families face every year, and one that is widely misunderstood.
The two tracks after a Florida workplace accident
Most people believe a workplace injury or death leads to exactly one thing: a workers’ compensation claim. In reality, serious cases often run on two separate tracks at the same time. Understanding both is the difference between recovering funeral costs and a slice of lost wages, and pursuing the full measure of a family’s loss.
Track 1: Workers’ compensation — no-fault, but limited
Florida’s workers’ compensation system is a no-fault bargain. An injured worker (or a deceased worker’s dependents) receives benefits without having to prove the employer did anything wrong. In a fatal accident, those benefits generally include funeral expenses up to a statutory cap and death benefits for eligible dependents, subject to statutory limits.
The trade-off is significant. Because it is no-fault, workers’ comp is usually the exclusive remedy against the employer — the “exclusivity rule.” That means:
- It generally does not pay for full pain and suffering or other non-economic damages.
- It does not compensate a family for the full human loss of a spouse or parent.
- It usually bars a lawsuit against the employer, even when the employer was careless.
There is a narrow intentional-tort exception to employer immunity in Florida, but the bar is deliberately high and rarely met. Families should not count on it.
Track 2: Third-party liability — the claim families often miss
Here is the part that surprises people. Workers’ comp only shields the employer. When someone other than the employer caused or contributed to the accident, the injured worker or the family can file a separate personal-injury or wrongful-death lawsuit against that party. Unlike workers’ comp, this claim can seek the full range of damages — including pain and suffering, loss of companionship, and the family’s complete financial loss.
Common third-party defendants in Florida workplace cases include:
- Machine manufacturers. When equipment is defectively designed, poorly manufactured, missing safety guards, or lacking proper warnings or lockout features, the maker may be liable under product-liability law. Conveyors, presses, industrial machinery, and heavy equipment are frequent examples.
- Property owners, general contractors, and other subcontractors. On a multi-employer site — a construction project, warehouse, factory, or distribution center — a party who created a hazard or failed to fix a known one can be on the hook.
- Equipment maintenance contractors and, in some arrangements, staffing agencies. A company hired to service or inspect the machine that failed may share responsibility.
These claims can apply across nearly every Florida workplace — construction sites, warehouses, manufacturing plants, food-production facilities, and distribution centers. An experienced Florida workplace accident lawyer can investigate whether a third party played a role well before the family knows to ask.
The legal mechanics families should know
A third-party claim is a fault-based case, so a few rules matter:
- Modified comparative negligence (51% bar). Under Florida Statutes section 768.81, as amended by HB 837, a plaintiff found more than 50% at fault recovers nothing. Below that, recovery is reduced by the plaintiff’s share of fault.
- Statute of limitations. For most negligence and wrongful-death claims arising after the March 2023 change to section 95.11, the deadline is generally two years. Miss it, and the claim is usually gone.
- Wrongful Death Act. For a fatal accident, Florida’s Wrongful Death Act (sections 768.16–768.26) controls. A court-appointed personal representative of the estate files the case, and statutory survivors — such as a spouse and children — recover.
- Comp liens interact with the lawsuit. When workers’ comp has paid benefits, it may assert a lien or subrogation interest against a third-party recovery. The two tracks are connected, which is exactly why they should be handled together from the start.
Why evidence can’t wait
The single most time-sensitive issue is preserving evidence. After a machine accident, the equipment may be repaired, cleaned, reset, or scrapped within days. Maintenance logs, inspection records, safety manuals, and surveillance footage can disappear or be overwritten. Once the machine is altered, proving a defect becomes far harder. Getting counsel involved early — so the equipment can be preserved and documented in its post-incident condition — often decides whether a third-party claim is viable at all.
Frequently Asked Questions
Can I sue my employer after a workplace injury in Florida?
Usually not. Florida’s workers’ compensation exclusivity rule generally bars lawsuits against the employer, even for carelessness. A very narrow intentional-tort exception exists but is rarely met. However, you may be able to sue a third party — such as a machine maker or another contractor — who contributed to the accident.
What is a third-party claim?
It is a personal-injury or wrongful-death lawsuit against someone other than your employer who helped cause the accident — a defective-equipment manufacturer, a property owner, a general contractor, or a maintenance company, for example. It runs separately from workers’ comp and can seek damages comp does not cover.
Does workers’ comp cover pain and suffering?
Generally, no. Workers’ compensation pays defined medical, wage, funeral, and dependent death benefits, but it does not pay for full pain and suffering or the family’s complete non-economic loss. Those damages are typically available only through a third-party claim.
How long do I have to file?
For most Florida negligence and wrongful-death claims arising after March 2023, the deadline is generally two years. Deadlines can vary with the facts, so it is important to confirm yours quickly — and to preserve evidence even sooner.
What should I do to protect a claim?
Report the accident, seek medical care, and keep every record you can. Then speak with a lawyer promptly so the machine, maintenance logs, and any footage can be preserved before they are changed or destroyed. Early investigation is often what makes a third-party case possible.
Talk to a Florida workplace injury attorney
If your family has lost someone or suffered a serious injury on the job, you may have more options than workers’ comp alone. The team at The Perazzo Law Firm handles these cases personally — Jonathan Perazzo does not pass files off to paralegals — and there is no fee unless we win, with zero upfront costs. Our bilingual staff can help in English or Español. Past results do not guarantee a similar outcome. To speak with our construction and workplace injury attorneys, call 888-PERAZZO or request a free case evaluation. We are available 24/7.
This blog is attorney advertising and is for general information only; it is not legal advice. Past results do not guarantee a similar outcome.