Jacksonville, Florida, USA downtown city skyline on St. Johns River.

Can an Injured Worker Sue an Employer as a Result of a Work Related Personal Injury?

Legal Case When a person suffers a personal injury as a result of a work related incident, the injured work has rights and remedies to available to the injured worker. If the employer was subject to the worker's compensation laws and carried the applicable worker's compensation insurance, the injured worker is typically limited to the pursuit of compensation within the worker's compensation system. The injured worker cannot directly sue the employer for simple negligence or fault. However, the injured worker can file a lawsuit and seek compensation beyond the remedies and restrictions set forth under the Florida Worker's Compensation laws if the injured worker can prove up extraordinary facts and circumstances leading to or causing the personal injuries.

Each work related injury or incident should be evaluated on the respective facts and circumstances. The level of misconduct or fault must rise to the level of reckless or outrageous conduct. Situations in which reckless or outrageous condition can be established include situation in which:

The employer attempted to hide or conceal the dangerous conditions on the work site.

The employer was aware of a highly dangerous situation but fail to act to protect the workers.

The employees were not properly trained with on the work site or with the use of the equipment which, in turn, put the employees in a dangerous situation.

There were prior complaints of the hazards but the employer failed to take any action to remedy the situation.

It should be noted that worker's compensation cases or claims are handled differently than other personal injury cases or claims related to automobile accidents, truck accidents, premises liability cases, bicycle accidents, trip and fall incidents, and other personal injury matters. The injured worker should consult with a Florida Worker's Compensation attorney for advice, guidance, and when necessary legal representation.

In the aftermath of a work related personal injury, there are a number of challenges faced by the injured worker including those related to the choice of medical providers, payment of medical bills, wage loss, inability to perform work duties, inability to perform household duties, and other challenges.

David Wolf is a personal injury attorney who is AV Rated by the Martindale Hubbell Legal Directory. This is the highest rating possible with the Martindale Hubbell Legal Directory. He is also rated 10.0 Superb the Avvo Legal Directory. For over 28 years, David Wolf has Given a Voice to Injury Victims and Their Families. He is the author of 12 books that focus on personal injury issues. Contact David Wolf for a Free Consultation at (904) 500-WOLF or (904) 500-9653.

Client Reviews
★★★★★
I was in need of legal advice and David was there to assist. I was given advice most attorneys would charge outrageous fees for. When I called David promptly replied, got a grasp of my issue and gave wonderful advice and then referred me to someone who could better handle my issue. I would highly recommend him and if anything else comes up, my first call will be to him. Tracey
★★★★★
David did a great job representing my family in a recent legal matter. He provided great communication in a clear, concise and timely manner. He thoroughly outlined what our options were and answered all our questions. We were extremely pleased with the outcome and highly recommend anyone seeking legal counsel to contact him. David
★★★★★
David Wolf has provided legal advice and representation to me on a variety of issues. I have referred family members and friends to him as well. Whenever a legal issue arises, he is the first person I contact because I am always provided prompt and practical legal advice. I know that I am not David’s only client but he sure does his best to make me and others feel that way. Jill Kestner
★★★★★
David did an outstanding job with my case from start to finish. He was professional and courteous throughout the process and he made sure that I stayed informed. I would recommend him to anyone seeking legal counsel. Adam
★★★★★
David Wolfe was very prompt in returning my call for advice. He was sensitive to my issue, gave clear legal advice, with creative options. Extremely thorough and caring. Will use him in future if in need again and will refer him to family and friends. Jo