One of the most common questions our firm gets asked is whether an injured worker (“IW”) is able to bring a separate negligence action against the employer.

The answer is “it depends.”

Under the Florida Workers’ Compensation Act, an IW is limited in the benefits they may receive. For example, under this Act, the IW is unable to choose their treating physician, the IW is only entitled to partial lost wages, and the IW is barred from recovering for pain and suffering. These are all reasons an injured worker might want to bring a separate negligence action.

Under Section 440.11 Florida Statute, in order for an IW to circumvent workers’ compensation immunity and bring a separate cause of action, the IW must prove all three of the following elements:

The standard for getting around Florida workers’ compensation immunity is extremely high, but  Van Dingenen Law  is one of the few law firms that has been successful in arguing that an IW should be allowed to pursue a separate negligence action against the employer.

If you have been injured at the workplace due to the negligence of your employer,  contact   our  Orlando workers’ compensation attorney   and schedule a free consultation today.

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