Workplace Injury

Published on: February 7, 2019

Florida Workplace Injury Claims against an Employer

Recovering after a Florida workplace accident can be tricky for several reasons. For one, as a general rule, an injured employee cannot file a Florida personal injury lawsuit against their employer – even if the employer was negligent – because a workers’ compensation claim is an injured employee’s sole remedy in most cases. And while a workers’ compensation claim allows for an injured worker to receive some benefits without establishing that their employer was negligent or at fault for the accident, the amount and duration of Florida workers’ compensation benefits can be limited.

There are several exceptions to the sole-remedy provision. The two main categories of cases in which the sole-remedy provision does not apply are those cases involving a non-employer third-party’s negligence and cases involving injuries to workers in specific industries in which lawmakers have specifically allowed claims against an employer.

The Florida workers’ compensation sole-remedy provision only applies to an employee’s claim against their employer. Thus, if a third-party’s negligence was the cause of the employee’s injuries, the employee will not be precluded from pursuing a Florida personal injury case against that third-party. For example, if an employee’s injury is the result of a defective product, the employee could pursue a Florida product liability claim against the product’s manufacturer.

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Published on: November 12, 2018

Three Killed in Florida Roadside Accident

By Cecere Santana, PA

Earlier last month, three utility workers were killed in a Florida car accident while they were working along the edge of the road. According to a local news report covering the tragic accident, the three men were working in a roadside ditch while attempting to restore power at the time of the crash.

Evidently, shortly before seven in the evening, a truck was traveling northbound on a state highway while towing a trailer. The truck inexplicably left the roadway and crashed into the three utility workers. After the accident, the driver fled the scene but was later located by police. Based on the circumstances of the crash, police believe that the driver may have been intoxicated at the time. The driver was arrested and charged with DUI manslaughter, leaving the scene of an accident, and felony vehicular homicide, among other offenses.

Florida’s “Move Over” Law

Accidents such as the one discussed above were the impetus for the passage of a series of laws across the country, casually referred to as “Move Over” laws. Indeed, hundreds of roadside workers lose their lives each year in accidents in Florida and nationwide, which became a major concern for lawmakers. While each state has a different move over law, the idea behind each state’s move over law is to protect roadside workers from the dangers presented by passing motorists.

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Published on: October 22, 2018

Who is Liable When Injured by Heavy Machinery?

By Cecere Santana, PA

Recently, the state’s supreme court issued a written opinion in a Florida personal injury case discussing an interesting aspect of Florida law that allows for an accident victim to hold the owners of dangerous instrumentalities liable for their injuries under certain circumstances. This application of the vicarious liability doctrine is somewhat unique to Florida and is important for Florida injury victims to understand, as it may provide an additional means of recovery.

Vicarious Liability and Dangerous Instrumentalities

Under Florida law, the owners of dangerous instrumentalities can be held vicariously liable for any injuries that are caused by the instrumentality regardless of another’s fault in bringing about the accident. Courts consider several factors when determining if something is a dangerous instrumentality, including:

whether the instrumentality is a motor vehicle;
whether the instrumentality is used near the public;
whether the dangers presented by the instrumentality are unique; and
how the legislature has chosen to regulate the instrumentality.

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