WHEN IS A WORKER'S COMPENSATION CLAIM NOT JUST A WORKER'S COMPENSATION CLAIM?

Florida law provides that employers who provide worker's compensation benefits to their employees are generally immune from tort liability. However, there are times when an employee is injured on the job and it is due to a third party's negligence.

An example of a third party claim would be an employee who was injured in a motor vehicle collision that was caused by someone else's negligence while on a mission or doing an errand for his employer. In that case, the employee could potentially have a claim against the at-fault driver. If the at-fault driver was uninsured or underinsured, then the employee would potentially also have a claim against any uninsured or underinsured automobile insurance coverage. The employee's own motor vehicle insurance policy could provide benefits, as well as the coverage on the car he was driving. Many employees drive a company owned vehicle and in a motor vehicle collision, the coverage on the company owned vehicle might also apply.

Another example of a third party claim would be where an employee was injured by a product or piece of equipment while on the job. Our firm has handled claims against the manufacturers of ladders, saws and other common products that are used by persons while on the job.