Can You Sue Your Employer After a Workplace Injury?

According to the Florida Division of Workers’ Compensation, there have been 32,790 total workers’ compensation cases resulting in payouts of over $95.3 million in 2022. In Florida, most workers are barred from suing their employers for injuries that occur on the job. Workers’ compensation is designed to be the sole remedy for workplace injuries, and it generally does a pretty good job of taking care of injured workers. However, there are a few circumstances where an injured worker can sue their employer. Let’s take a closer look at those circumstances.

Lack of Workers’ Compensation Coverage

If your employer does not have workers’ compensation insurance, you may be able to sue them for your injuries. This is actually a fairly common problem in Florida. Many employers either do not know they are supposed to have workers’ compensation insurance or intentionally choose not to carry it because it is expensive. Either way, if you are injured on the job and your employer does not have workers’ compensation insurance, you should talk to a personal injury lawyer about your legal options.

Intentional Workplace Injuries

Additionally, an employer (even if covered by workers’ compensation) can be liable for an “intentional tort” that causes injury against an employee. Per Florida law, for an employer’s actions to be considered an intentional tort and not due to an accident, it must be proven that:

• The employer knowingly intended to harm the employee.
• The employer knew of expected danger and risk of injury, based on prior experience, and concealed said dangers and risks to employees as a means to prevent them from refusing to work.

Intentionally Denied Workers’ Compensation Claim

If your workers’ compensation claim is wrongfully denied, you may also have the option to file a lawsuit against your employer. An employer may attempt to intentionally deny your claim using various methods, including:

• Failing to report your injury to the insurance carrier in a timely fashion.
• Denying that your injury occurred during and resulting from your scope of employment.
• Misrepresenting or downplaying the severity of injuries to the insurance carrier.

If you think your claim has been wrongfully denied, you should speak with the attorneys at Rosenberg & Rosenberg, P.A., who specialize in workers’ compensation claims. They will be able to help you collect the benefits you deserve.

Are You Looking For A Workers’ Compensation Attorney in Hollywood, FL?

With over 50 years of experience, the attorneys at Rosenberg & Rosenberg, P.A. have been fighting for the rights of injured workers all throughout Florida. If you were injured in a workplace accident, or had a loved one whose death was a result of negligence in the workplace, contact us today so that we can help you along your journey toward justice.

If you experienced an accident in the workplace that resulted in injury, call us today at (888) 499-6206 to schedule a free initial consultation.