Workers' Compensation Exclusive Remedy

Exclusive Remedy

Speak with a Florida Workers' Compensation Attorney

In Florida, workers' compensation laws place limitations on a hurt worker’s remedies for workplace-related injuries that could cause liability to his or her employer. With few exceptions, such as intentional harm caused to the worker by the employer or a third party (other than the employer), no matter how deplorable the employer's conduct, the hurt worker's sole remedy against the employer will be through the workers' compensation system. In the same vein, Florida’s workers' compensation laws bar lawsuits against co-employees who cause the hurt worker’s injury. Therefore, worker’s compensation coverage is referred to as the "exclusive remedy" available to a hurt worker in the state of Florida. In many cases, such a remedial system and law works to the injured employee’s advantage, as the hurt worker will receive benefits for lost wages, medical care and rehabilitation, regardless of whether the worker caused his or her own injury.

Still, despite the warning above, there are situations where a personal injury lawsuit remains viable despite the injury or accident occurring on the job. For example, if an employee is hurt while on the another business’ location or site, or is injured by the actions of a person who is not a co-employee, the hurt worker may still be able to sue. In such limited situations, the hurt worker may still be able to bring a personal injury lawsuit against said third party defendant and not be exclusively limited to the Florida Worker’s Comp laws under Florida Statutes, Chapter 440.