I have been injured at work. Is workers’ compensation my only remedy?

Most of the time, workers’ compensation is your only remedy for a work related accident. However, Section 440.11(1)(b)(2) provides that the employer can be held liable for accidents above and beyond their workers’ compensation coverage if the following is met:

1. The employer knew of the danger. Knowing of the danger can be met by there being similar accidents or explicit warnings regarding the possibility of an accident;
2. Failure to advise of the danger is virtually certain to result in injury or death;
3. The employee was not made aware of the risk because danger was not apparent;
4. The employer deliberately concealed or misrepresented the danger so as to prevent the employee from exercising informed judgment about whether to perform the work.

It is important to know that you cannot pursue both workers’ compensation and employer liability. Please speak to your lawyer regarding whether workers’ compensation or employer liability is a better option in considering the facts of your case. Each case must be looked at on a case by case basis.

When a third party is responsible for your work related accident, there is also a possible additional claim. If you were injured by the failure of a machine, you may have a products liability case in addition to your work related accident. If you are injured during a work related motor vehicle accident, you would also have an addition bodily injury claim against the at fault driver or in the case where there is not sufficient coverage, your own uninsured motorists coverage.

Each case must be assessed on its own relevant facts. Please contact our office to discuss your situation so we can properly assess your ability to make any and all claims.