Explaining Florida’s Workers’ Compensation Exclusivity Rule

In most Florida industries, a bargain of sorts is concluded between an employer and an employee when that employee accepts a job offer. Unless they qualify for an exception, the employer must provide appropriate workers’ compensation coverage that can pay the employee’s bills in the event of an on-the-job injury. In exchange, the employee waives their right to file suit against their employer for negligence – workers’ compensation is intended to be the exclusive remedy. However, there are rare situations in which that right is restored. If you have been injured on the job, most often, your remedy will lie in the workers’ compensation system – but in rare cases, you may be able to file suit.

If The Bargain Is Broken

Not every industry in Florida is required to carry workers’ compensation insurance, but the majority of them are as long as they have a set number of employees – in the construction industry, a company must carry workers’ compensation insurance if they have even one employee. Workers’ compensation will cover most work injuries as long as they are properly reported to the employer within the required time frame (usually within 30 days after the accident), though injuries caused by one’s own negligence may not be eligible.

If, however, you are able to demonstrate that your employer’s own negligence caused your injuries, you may be able to file a lawsuit against them. The ‘bargain’ made between employer and employee does not generally survive either employer negligence or outright malice, and when there is no ‘bargain’ to uphold, an employee has the right to seek compensation in court instead. This is quite rare, but if it has happened to you, consulting the right attorney may be a good next step.

Three Exceptions

There are three main exceptional cases in which an employee might have standing to sue their employer for alleged negligence. They are:

• The employer does not have workers’ compensation coverage when they are required to by law. If your employer simply does not carry coverage, the “bargain” between employer and employee does not exist, and the employee then has the same rights as they would as a private individual – meaning that they can file suit against their employer.
• The employer intentionally injured the employee. If an employer displays outright malice toward an employee, and it can be shown that they directly played a role in intentionally causing the employee’s injuries, the employee is not barred from filing suit against them. To do that would be contrary to public policy – that is, it would shock the conscience of the public.
• The employer exposed an employee to an inherently dangerous condition, such as hazardous chemicals or faulty equipment. If you can show that your employer knew the condition of such materials, they may be on the proverbial hook for negligently exposing you to them.

It can be difficult to establish an employer’s negligence (or malice) in these cases, but it is not impossible to do so. An employer cannot act with impunity, and you have the right to hold a truly bad actor accountable.

Contact A Maitland Workers’ Compensation Attorney

If you are unlucky enough to be injured at work, it is likely that your injury will be covered by workers’ compensation – but if you are injured as a direct result of your employer’s negligence or malice, you have the right to file suit against them. An Orlando workers’ compensation attorney from the Hornsby Law Group can help you determine what your best path forward should be – we are ready and willing to try and assist. Call our office today to schedule a free consultation.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0440/Sections/0440.094.html