Florida Workers Injured On Job May Be Entitled To More Than Work Comp

January 31, 2009
By Dan Irving Cytryn, Esq. on January 31, 2009 4:34 PM | | Comments (0)

Florida workers injured on the job may be entitled to more damages than Worker's Compensation for the accident or injury. Whether Florida workers injured on the job can collect more compensation than the Worker's Compensation depends upon whether the accident that they were involved in was caused by a 'third party's negligence or fault.

A Florida worker injured on the job can collect for pain and suffering and a multitude of other damages if the injury was caused by a third party. In such a case, the victim can sue that third party for damages in excess of what worker's compensation will pay.

A Florida worker (or the worker's family, if the worker is killed), may be able to sue and to collect more than Worker's Compensation, if the worker is injured or killed as a result of:

1. a car or other vehicular accident where anybody BUT a co-worker is at fault.

2. the worker being injured on a jobsite by someone's negligence who is not a co-employee and not an employee of the contractor on the job (i.e., the worker is injured by the negligence of the employee of another subcontractor).

3. Trips or Slips and falls while working on a condition not caused by the employee's employer, or at a location not owned or maintained by the worker's employer.

4. a defectively manufactured piece of equipment or machinery (and which injury is not due to the employer's negligence).

5. what amounts to an intentional act of the employer or an act of the employer substantially certain to result in injury or death to the employee

6. situations where the injured employee is not actually on the clock and not actually in the course and scope of employment with the employer

7. a defectively maintained piece of equipment which is rented or leased by the employer and where the inadequate maintenance is not due to the employee's employer's negligence

8. the person being an independent contractor and not an actual employee

Every Florida worker's compensation accident should be looked at to see if there is any exception to the general rule that a worker injured on the job is entitled to collect only worker's compensation from the worker's employer. The general rule is very general, and many more exceptions exist. The above list is not intended to be all-inclusive, but is intended to demonstrate the most common exceptions where a worker injured on the job may be entitled to substantial additional compensation over and above any worker's compensation settlement.

Dan Irving Cytryn is a trial lawyer with more than 27 years of experience handling cases involving compensation for damages that exceeds what worker's compensation will pay. 

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