Can I Sue My Employer for Negligence?

We hold businesses and employers accountable for their negligence, regardless of their legal teams and financial resources. We must ensure that employees have an equal opportunity to fight for justice and receive fair treatment.

Being aware of your legal rights is crucial if you have been injured while working. If your injuries are severe enough, you should immediately file a lawsuit to seek compensation.

In general, you cannot sue your employer for negligence. However, as is often the case in legal matters, this rule has a few exceptions.

Workers’ Compensation Laws

Like many U.S. states, Florida has a strict law that mandates employers provide insurance for their employees in the event of work-related injuries. This system ensures that employees receive compensation for injuries sustained on the job. It is essential because workplace accidents can be costly both for the employee and the employer. As such, this law helps to ease the financial burden that may arise due to medical costs and lost wages.

The workers’ compensation system has both advantages and disadvantages. It provides quick access to compensation, regardless of fault, but limits the scope of damages recoverable by prohibiting lawsuits for negligence in many cases. Essentially, the individual must file a claim through their employer’s workers’ compensation insurance and accept the agreed-upon amount.

Exceptions To Workers’ Compensation

Fortunately, there are exceptions to the workers’ compensation regime allowing employees to file a lawsuit against their employer in certain situations. These exceptions are in place to provide additional protection for workers who have suffered harm while on the job. So, in cases where an employee’s rights have been violated, they can confidently take legal action against their employer.

If your employer intentionally harms you, they are committing an intentional tort. That encompasses many behaviors, from physical assault to mild pranks. To establish an intentional tort, you must provide evidence that your employer was aware of, or should have been aware of, the potential harm their actions could cause.

It is important to note that if your employer fails to provide workers’ compensation insurance, you can sue them for negligence. The absence of workers’ compensation insurance does not leave you without recourse. Without this exception, you would have no legal options for seeking compensation.

Advantages of Pursuing a Lawsuit as Opposed to Filing a Claim for Worker’s Compensation

If you want to maximize your compensation after an injury, consider filing a personal injury lawsuit instead of relying solely on workers’ compensation. This option can help you recover more damages and provide a more comprehensive resolution to your case.

In a workers’ compensation case, you must understand that you can receive compensation for medical expenses and lost wages. While this only covers a portion of your total losses, it is still a crucial step towards recovering from your injury. It is also essential to know that the insurance company may contest your disability status. Still, with the proper support and guidance, you can navigate this process and receive the compensation you are entitled to.

In a personal injury case, you may seek compensation for various losses resulting from an injury or an accident. That may include:

  • Decrease overall enjoyment of life;
  • Therapy and rehabilitation;
  • Suffering and pain;
  • Emotional distress;
  • Financial losses and the reduced ability to earn income in the future.

If you want to receive a higher compensation for your case, going to court may be a better option than relying on insurance. However, this may only sometimes be feasible. It is advisable to consult with an experienced workers’ compensation attorney who can evaluate your situation and determine whether you should file a lawsuit against your employer or file a workers’ compensation claim.

Employment Law Updates
Laws change in a moment. Sign up to stay informed.
Employment Law Updates
Laws change in a moment. Sign up to stay informed.

Have employees in more than one state? SUBSCRIBE HERE!

Have employees in more than one state? SUBSCRIBE HERE!