Workers’ compensation is designed to offer financial relief to employees who suffer injuries during work, helping them cover medical expenses and a significant portion of their lost wages. Even though the system aims to provide quick, guaranteed payments without the need for litigation, significant limitations can cause delays and throw finances into disarray.
While workers’ compensation serves as a primary resource for workplace injuries, it does not cover every aspect of the damages an employee might suffer. Specifically, it excludes compensation for pain and suffering and punitive damages, which can be substantial in cases of severe negligence or intentional harm. Some injured employees have unmet needs stemming from additional harm, prompting them to consider alternative legal avenues. However, just because you want to pursue legal action doesn’t mean it is always viable or available.
The no-fault nature of workers’ compensation means that, in most cases, employees cannot sue their employers for additional damages. This exclusivity can be frustrating for those who feel their employer’s negligence contributed significantly to their injury. To find opportunities to sue your employer, you must look toward exceptions that exist in Florida law that address unique issues. (Click here for a state-by-state guide.)
Circumstances Where You Can Sue Your Employer
Even though the safety net provided by worker’s comp is the best lifesaver for many Florida workers, there are specific situations where you may be able to sue your employer directly. These circumstances typically involve scenarios where the protections of workers’ compensation do not apply or the employer has acted in a particularly egregious manner.
No Workers’ Compensation Insurance
The vast majority of Florida employers are required by law to carry workers’ compensation insurance. Businesses with more than a few employees must have coverage, although the exact number varies by industry. If your employer fails to provide this mandatory coverage, you have the right to sue them for any injuries sustained on the job. Lack of insurance exposes your employer to direct liability and may also be used to highlight their disregard for employee welfare. Legal action may be the only option to secure compensation and assistance in situations where workers’ comp would otherwise step in to help.
Retaliatory Discharge
Every worker in Florida has the protected right to file a workers’ compensation claim. However, some employers may retaliate against employees who exercise this right by terminating their employment. Retaliatory discharge is illegal, but proving it can be challenging; you must demonstrate a clear link between your claim and dismissal. Patterns of similar discharges within the company or documentation showing a sudden and unjustified change in your employment status can support your case, but it may still require lots of work to craft a solid legal case. Successfully proving retaliatory discharge is one way to get help and deter future misconduct by the employer.
Employer Assault Compensation
In rare but serious cases, an employer might physically assault an employee. Workers’ compensation does not shield employers from liability in such situations, meaning there may be additional options after the fact. If your employer assaults you, you can sue for damages beyond what workers’ compensation covers, including punitive damages aimed at punishing the employer for their actions.
This exception applies only to assaults by the employer themselves, not by co-workers or other employees. In those cases, you must pursue action against the responsible individual. These assaults may, however, contribute to an overall unsafe work environment fostered by your employer.
No matter what options are ultimately available, discovering potential avenues for compensation when workers’ comp falls short is never a bad idea. To learn more about your options, contact Probinsky & Cole today to schedule a consultation.
