Can I Just Sue My Employer?

No one wants to get hurt on the job. Between the potential boredom of recovery and the tediousness of dealing with Florida’s workers’ compensation system, it can be understandable to wonder why an injured worker can’t just file suit against their employer. The answer is because in all but the rarest situations, an agreement of sorts between employers and their employees that precludes it. This is referred to as the “exclusive remedy” rule.

Quid Pro Quo

The exclusive remedy rule is essentially an unspoken contract between employer and worker. In exchange for workers’ compensation benefits, an employee waives the right to file suit against their employer over the injury. The employee will get their medical bills covered, and, with rare exceptions, the employer gets to be immune from lawsuits that might impact the health of the business overall.

There are moments where this does not necessarily place the employee in an advantageous position: for example, a person can usually seek damages for intangible harm like pain and suffering in a personal injury case, but not in a workers’ compensation claim. However, it can also be a lifeline for employees who might not otherwise have sufficient coverage to pay the bills.

Certain Exceptions

Since workers’ compensation is the exclusive remedy for work injuries, an employee cannot simply decide to forego benefits and sue because they want to. There are a handful of exceptional circumstances in which an employee can sue their employer. The most common scenario is when an employer lacks workers’ compensation coverage even though they should have it. If there is no workers’ compensation coverage, there is no reason to waive your right to sue.

Another scenario where suing your employer may be possible is if you can show they acted with malicious intent. Negligence claims are barred by Florida’s workers’ compensation system – intentional tort cases are not. While this scenario is exceedingly rare, it does happen, and you have the right, in this type of case, to seek damages for the harm your employer has put you through.

Contact An Orlando Workers’ Compensation Attorney

Being hurt at work can be frightening, though knowing you will be able to access workers’ compensation benefits can help lighten the mental load. If you have questions about whether you fall under the exclusive remedy rule, an Orlando workers’ compensation attorney can help answer them. Contact the Hornsby Law Group today to schedule a consultation.

Source:

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