Florida Work Injuries: Workers’ Compensation vs Personal Injury and When You Can Sue

Workers who are injured at work may be in a difficult situation as they try to balance their recovery and the options for compensation available. In Florida, workers’ compensation is the most common form of compensation for those injured at work. In certain cases, filing for personal injury is the best choice. Understanding the differences in these two legal paths will help you choose what’s best for your particular situation.

Can I bring both a claim for workers’ compensation and a case for personal injury?

Florida law provides workers’ compensation as the only remedy for employees injured on the job. In general, employees cannot sue their employer in tort for damages. This rule is not applicable in the following situations:

• Third-party liability occurs when someone other that the employer is responsible for an injury.
• The workplace is at risk when the employer has committed gross negligence or deliberate misconduct.

Workers’ compensation trade-offs are:

• You can get coverage for medical costs and lost wages without having to prove any fault.
• The majority of lawsuits against employers that provide workers’ compensation are protected.

Balance is designed to protect employers against excessive liability and provide quick relief for injured employees.

Florida’s “Statutory Employment Doctrine”

Florida’s workers comp law is heavily influenced the statutory employers doctrine. It can shield property owners and contractors from tort liability under certain circumstances. Contractors can use the following to establish a defense against employer liability:

1. The contract and the property owner
2. Control or management is the term used to describe workplace control.
3. Subcontracting is the act of subcontracting work to others.
4. The injured worker was an employee of an independent contractor performing work as part of the company’s normal business.

If these conditions are met, the contractor is deemed a statutory worker. The contractor is then immune from tort claims. Workers’ compensation benefits are still available to the injured employee.

Workers’ Compensation Exclusions In Florida

Florida law excludes some injuries from workers’ compensation coverage. Florida law excludes certain injuries from coverage by workers’ compensation.

1. Self-Inflicted Injury

Employees who intentionally harm themselves are not entitled to benefits.

2. Intoxication and drug abuse: injuries caused by intoxication or drugs

Compensation may be denied if the impairment of an employer is proven to be a significant cause of injury. For example:

• In MDS Labs v. WCAB Munchinski compensation was denied when intoxication contributed directly to the injury.
• A simple proof of intoxication will not automatically bar compensation unless the injury has a direct link.

3. Violations of Positive Work Orders

Benefits may be denied to employees who violate safety rules or procedures set by their employer. For example, you can:

• Employees who have been prohibited from repairing machinery by their employer and are injured while doing so, may not be entitled to benefits.

4. Personal Animosity can cause injury

Workers’ compensation might not be available to an employee who is injured during a dispute unrelated to his or her work duties. Florida law excludes injuries caused by third parties motivated by personal animosity and not related to employment.

When can you make a claim for personal injury?

In Florida, you may be able to file a personal-injury lawsuit in addition to or instead of a workers’ compensation claim. These include:

1. Third-Party Negligence

If your injury at work was caused by a third party (not your employer), you can make a personal injury claim. You can for example:

• A driver of a delivery truck who is injured by an accident that was caused by another driver can sue the other driver for personal injury.

2. Employer Misconduct

If an employer’s negligence is more than ordinary, a personal injury claim may be filed. Intentional harm or gross negligence are examples. In Turner v. PCR, Inc., the Florida Supreme Court ruled that employees could sue their employer for intentional misconduct resulting injury.

3. Workers Compensation Insurance

Employers in Florida are required to carry workers’ compensation insurance. If workers’ compensation is not provided, injured employees can sue the employer for negligence.

What is the difference between workers compensation and personal injury?

Fault

• Worker’s Compensation: Benefits will be paid regardless of cause.
• Personal Injury: The defendant must prove that the injury was caused by negligence or malicious intent.

Compensation

• Workers’ compensation covers medical costs, lost wages, and vocational rehabilitation in some cases. This does not include pain and suffering.
• Personal injury: Compensation of medical expenses, loss of wages, and pain and suffering.

Process

• Workers’ compensation: the process is typically quicker and less confrontational, but coverage is limited.
• Personal injury is a serious issue that could require litigation but result in higher compensation.

What to do if you have a workplace accident in Florida

1. Report the Injury Inform your employer immediately, as Florida law requires injuries to be reported within 30 days.
2. Seek Medical Attention
   Select a doctor that is approved by your employer’s workers compensation insurance.
3. Consult an attorney
   Consult an lawyer if you believe that your injury was caused by the negligence of a third party or misconduct on behalf of your employer. You may be eligible to file a personal injury claim.
4. You can make a claim
   In general, workers’ compensation claims must be filed within two years. Personal injury lawsuits in Florida are limited to four-years.

Your injury’s circumstances will determine if you file a workers’ compensation claim or pursue a lawsuit for personal injury. In Florida, workers’ compensation is the only recourse available for workplace accidents. However, there are some exceptions when a third-party is involved or the employer is guilty of misconduct.

Consult an experienced lawyer to ensure that your legal rights are protected and you receive the compensation you deserve. Understanding your options will allow you to navigate the difficult process confidently, whether it is through personal injury or workers compensation claims.

This post was written by a professional at Bonardi & Uzdavinis, LLP. Bonardi & Uzdavinis, LLP is a boutique, full service law firm providing its clients with a wide range of representation. Our primary areas of practice include real estate, probate, personal injury, construction, and commercial litigation. If you are looking for a real estate attorney or st petersburg personal injury lawyer contact us today for a case evaluation today!