Legal Advice on Employer Immunity in Florida Workers’ compensation Cases
Is Florida a no-fault state?
When you suffer injury or illness due to work conditions, you may wonder if you can bring a lawsuit against your employer. Your injury may have resulted from an accident or perhaps it was caused by woeful negligence on the part of your employer. Can you sue?
While there are exceptions, the answer is no. There are differences between recovery of injury compensation under civil law and recovery of benefits under Florida Workers’ compensation cases. But you have options. Any physical injury suffered at work or away from work is reason to speak with an experienced attorney.
Sternberg | Forsythe, P.A. can provide you with legal advice if you have been injured on the job or are disabled due to a work-related injury. With over 15 years of experience, we can provide strategic, strong representation to help you understand and receive benefits.
We Have Following Locations To Serve You:
- West Palm Beach, Florida
- Boca Raton, Florida
- Orlando, Florida
Exclusive remedies for employees under workers’ compensation: Florida no-fault law
Workers’ compensation is a program that provides immediate compensation and benefits to workers’ who have been injured or who have become ill on the job. In exchange for guaranteed medical care and compensation, workers’ give up their rights to sue an employer.
This means an employee does not have to prove that the employer was negligent or at-fault for the injury, but it also means the employee faces strict limitations on compensation and benefits. Under Florida law, your employer is not at fault, but does have some responsibility.
Florida Workers’ compensation claims are not lawsuits
If injured on the job, you must give proper notice and file requirements for your Workers’ compensation claim. When filing a claim, you must file it with a self-insured employer or the employer’s insurer, not with a court.
After filing, you will likely receive a packet of information explaining your rights and responsibilities during a Workers’ compensation claim. Your benefits application is not a lawsuit; it is an application for insurance benefits.
However, there are exceptions to every rule. An employee may be able to prove the liability of their employer for his or her injury in civil court instead of through Workers’ compensation administrative proceedings. Those exceptions are:
- If an employer fails to provide Workers’ compensation coverage
- When an employer engages in behavior virtually certain and intended to endanger an employee
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Speak with Workers’ Compensation Cases in Florida
If you have been injured at work or if you have questions about Workers’ compensation or disability benefits, the attorneys at Sternberg | Forsythe, P.A. are happy to help. The Sternberg legal team can provide comprehensive information and counsel to help move your benefits claim forward.
With offices in West Palm Beach, Orlando, and Boca Raton, contact us online or call 561.687.5660 to schedule a free consultation today.