Intentional Torts Lawyer in St. Petersburg
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If a hurt worker’s employer actually intends to harm the worker,
the exclusive remedy provision of Florida’s workers' compensation
laws will not govern and the hurt worker may bring a lawsuit in civil
court against his or her employer. It is important to understand that
this does not apply in situations where the employer acts with gross indifference,
or creates an obviously hazardous working environment. Instead, it means
the employer must have actual intent to cause harm to the employee (e.g.,
boss punches employee in the nose). Due to its narrow nature of this exception
to the “exclusive remedy” provision of Florida’s worker’s
compensation laws, this exception is rarely triggered.
One of the most common contexts where a hurt worker may have a personal
injury claim against a third-party despite the workplace related nature
of the injury is within the context of building construction cases. It
is not unusual for workers from multiple contractors or subcontractors
to be working at the same time on the same construction site. As such,
it would not be uncommon for a construction injury to have been caused
by the negligence of a some other contractor—other than your immediate
boss--who remains subject to potential personal injury litigation.
Again, these situations can be complex and difficult to determine who has
“immunity” from common law personal injury lawsuits in a workplace
injury context. As such, it is critical to meet with an attorney that
has experience in
both worker’s compensation and personal injury litigation. At LeavenLaw,
our litigation team has decades of experience in injury litigation, whether
in state court of the Worker’s Compensation court, the OJCC. Please
feel free to contact us today to discuss your workplace injury case.