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.