Can I sue my employer if its negligence caused my injury?
The workers’ compensation system in Florida was set up to give a level of protection to workers injured on the job without considering whose at fault. Under the Florida Workers’ Compensation system, workers’ compensation benefits are generally the “exclusive remedy” for injured workers’. What this means is that even if the employer’s negligence contributed to the injury, workers’ compensation benefits would be the only benefits to which you would be entitled. The exception to this rule would be if the employer’s conduct was so bad that it was a “virtual certainty” to cause injury. In that event, you may be able to sue your employer in negligence. Please note that “virtual certainty” is an extremely difficult burden to prove and very few cases are successful in this area. There is also another exception to the “exclusive remedy” rule, you may be able to sue your employer directly if the workers’ compensation insurance carrier denies your claim. If this happens, you should contact an att
