Let’s assume that you lot are injured inward your workplace—a lighting fixture falls together with hits you lot on the head, you lot give the sack yourself on a hot stove, or you lot autumn downward a flying of stairs. Who is liable for the injuries you lot sustained? The brusque respond is no one. The longer respond is that, today, nosotros purpose a “no fault” arrangement of liability for workplace injuries. These types of issues are handled nigh alone past times the Florida worker’s compensation system,1 and, inward many cases, worker’s compensation is the exclusive remedy for workplace injuries.
The worker’s compensation arrangement removes these issues from the courtroom arrangement together with places them into the hands of an administrative agency. This arrangement was established every bit a create create betwixt employers together with employees—the employee gives upward his or her correct to sue an employer inward civil courtroom for work-related injuries and, inward exchange, the worker tin have compensation for injuries without regard to fault. Thus, fifty-fifty if the worker is at error for the injury, he or she tin nonetheless hold upward compensated. This would non hold upward the illustration inward civil court. To ensure that this arrangement plant the way it is supposed to, nigh all employers are required past times law to behavior worker’s compensation insurance for their employees (but simply for employees—worker’s compensation does non apply to independent contractors).
While the worker’s compensation arrangement seems similar an elegant solution to what otherwise would hold upward a quagmire of long-running civil lawsuits together with finger-pointing betwixt employers together with employees, in that location are several exceptions to the bar on civil suits against employers for workplace injuries. The most obvious of these are intentional torts.2 If your employer intentionally causes you lot harm, you lot retain the correct to sue him or her inward civil court. Examples of intentional torts include battery, assault, imitation imprisonment, intentional infliction of emotional distress, fraud, defamation, invasion of privacy, together with theft. Note that this category of intentional torts includes both physical together with non-physical harm. An employee tin too sue an employer inward a civil suit for the wrongful denial or termination of worker’s compensation benefits, but simply afterward they direct maintain exhausted all steps inward the administrative process.
Just every bit in that location are several exceptions to the bar on civil suits against employers for work-related injuries, in that location are too exceptions to recovery nether the worker’s compensation system. Influenza A virus subtype H5N1 worker tin hold upward barred from recovery nether the worker’s compensation arrangement for self-inflicted injuries. However, if it tin hold upward shown that the self-inflicted injury was the final result of work-related stress or 1 of the intentional torts outlined above, an employee tin frequently nonetheless recover. This province of affairs arises unfortunately frequently inward the illustration of law officers who accept their ain lives due to the stress together with trauma of their jobs, every bit courts are increasingly willing to to consider suicide every bit a work-related injury inward these types of professions. Intoxication together with drug purpose are too full general bars to recovery. If an employer tin seek that a worker was intoxicated or impaired at the fourth dimension of the injury, the burden shifts to the employee to seek that the intoxication did non contribute to the injury.
Contact a Clearwater, FL Personal Injury Lawyer
If you lot direct maintain been injured on the labor together with believe you lot may direct maintain a worker’s compensation claim, it is frequently wise to contact an experienced worker’s compensation attorney who tin assist you lot navigate the claims process. In addition, if you lot direct maintain been denied benefits you lot deserve, you lot definitely demand the assistance of a lawyer who understands the appeals process. Please contact the worker’s compensation attorneys at the Dolman Law Group for a gratis consultation past times calling 727-451-6900.
Dolman Law Group
800 North Belcher Road
Clearwater, FL 33765
727-451-6900
800 North Belcher Road
Clearwater, FL 33765
727-451-6900
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