The typical remedy for a work-related injury is a workers’ compensation claim rather than suing your employer. The key benefit of filing a workers' compensation claim is that you do not need to prove your employer’s negligence—you may even be eligible for compensation if you were at fault.
However, the downside is that workers' compensation only covers a limited range of damages. It pays 100% of your medical expenses and a portion of your lost wages but does not cover non-economic damages like pain and suffering or punitive damages.
In contrast, a personal injury lawsuit allows you to claim both economic and non-economic damages, such as medical bills, lost earnings, and pain and suffering. While punitive damages are rare, they may be awarded in some cases.
The Exclusive Remedy Rule
Florida’s workers’ compensation exclusive remedy rule is the hurdle you must overcome to sue your employer for negligence. Under the exclusive remedy rule, you cannot sue your employer for a workplace injury unless one of the following exceptions apply.
The Intentional Misconduct Exception
Of course, you can sue your employer if they deliberately injure you. Nevertheless, since negligence, by definition, is unintentional, a lawsuit based on an intentional tort would not qualify as a negligence claim.
The Gross Negligence Exception
There are also certain exceptions where an employee dies or is seriously injured by an employer’s “gross negligence.” Ordinary negligence is reprehensible but unintentional. Gross negligence, by contrast, involves the reckless disregard for the safety or well-being of others. In terms of intent, it lies somewhere between ordinary negligence and intentional misconduct.
Unfortunately, there is no clear dividing line between negligence and gross negligence–it’s a judgment call. In a gray area, one court might characterize a particular act of misconduct as negligence. Another court might look at the same misconduct and call it gross negligence. However, if the misconduct is serious enough, just about any court will agree that it is gross negligence.
For example, if your employer fails to repair a loose handrail, leading to an accident, most courts would dismiss a personal injury lawsuit, leaving workers' compensation as your only option. However, if your employer repeatedly ignores warnings about a hazardous machine lacking safety features, resulting in serious injury, a court may view this as gross negligence. In such cases, the workers’ compensation exception for gross negligence may apply, allowing your lawsuit to proceed.
The Independent Contractor Exception
The exclusive remedy rule only applies to employees. It does not apply to independent contractors. No ironclad rule distinguishes an employee from an independent contractor, regardless of how an employer might choose to categorize them. In a nutshell, employees have set schedules and instructions, while independent contractors have more freedom to determine how and when they complete their work. The plumber you call to fix your sink is probably an independent contractor.
For example, if a backhoe operator injures you at a construction site due to inadequate training, and the court determines they are an independent contractor, your lawsuit won’t be dismissed under the exclusive remedy rule. You can still pursue a claim by proving your employer’s negligence, such as hiring an unlicensed operator, retaining them despite proven incompetence, failing to provide proper supervision, or offering inadequate training. If you were partially at fault, your compensation may be reduced accordingly.
Contact the Tampa Personal Injury Law Firm of Roman Austin Car Accident and Personal Injury Lawyers for Help Today
Do you have a valid personal injury claim against your employer? If you do, how much is it worth? You might not have a way to answer either of these questions without the assistance of a Tampa, Florida, personal injury law firm. A Tampa personal injury lawyer might even be able to find a third party responsible for your injuries (a construction site owner, for example).
If you find yourself in this situation, please contact the legal team of Roman Austin Car Accident and Personal Injury Lawyers for a free initial consultation with a personal injury lawyer in Tampa. We have convenient locations in Florida: St. Petersburg, Safety Harbor, Clearwater, New Port Richey, and Tampa.
We serve throughout Pinellas County, Hillsborough County, Pasco County, and its surrounding areas:
Roman Austin Car Accident and Personal Injury Lawyers - Clearwater Office
1811 N. Belcher Road, Suite I-1
Clearwater, FL 33765
(727) 787-2500
Roman Austin Car Accident and Personal Injury Lawyers - Congress Ave Office
2360 Congress Avenue
Clearwater, FL 33763
(727) 591-5610
Roman Austin Car Accident and Personal Injury Lawyers - Tampa Office
401 E Jackson St, Suite 3319
Tampa, FL 33602
(813) 686-7588
Roman Austin Car Accident and Personal Injury Lawyers - New Port Richey Office
2515 Seven Springs Blvd.
New Port Richey, FL, 34655
(727) 815-8442
Roman Austin Car Accident and Personal Injury Lawyers - St. Petersburg Law Office
840 Beach Dr NE Suite 202
St. Petersburg, FL 33701
(727) 787-2500
Roman Austin Car Accident and Personal Injury Lawyers - Safety Harbor Law Office
202 9th Ave S Suite A-2
Safety Harbor, FL 34695
(727) 787-2500
Miles H. Hickman
Partner and Trial Attorney
Miles H. Hickman spent his first six years in practice defending insurance companies at a St. Petersburg firm, where he managed a legal team of more than ten. He has handled cases from pre-suit through trial as both first and second chair. A lifelong central Florida resident and Stetson University College of Law graduate, he is a Super Lawyers Rising Star and a member of the Million Dollar Advocates Forum.
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