Can You Sue Your Employer When On-The-Job Injuries In South Florida Happen?
Most injured workers must go through the Florida Division of Workers’ Compensation to recover benefits when on-the-job accidents in Fort Lauderdale happen. This “exclusive remedy” rule protects employers from lawsuits in exchange for providing medical and wage benefits, without needing to prove fault.
However, there are a few exceptions. If your employer engaged in particularly reckless or illegal behavior, you may be allowed to step outside the system and sue for damages. Our Fort Lauderdale workers’ compensation lawyer explains what you need to know if you’re wondering whether you can sue your employer after on-the-job injuries in South Florida.
When Florida Law Allows Lawsuits Against Employers Due To On-the-Job Injuries
Under Section 440.11 of the Florida Statutes, it is a general rule that workers’ compensation is your only remedy against an employer for a job-related injury. However, like many laws, there are exceptions, though they’re very limited and must meet strict legal standards. You might be able to sue if:
- Your employer intentionally harmed you or created a situation they knew could cause serious injury or death.
- They concealed or lied about a known danger, such as toxic exposure.
- Your injury happened while your employer was breaking the law (such as forcing you to work in unsafe conditions that violated OSHA rules).
- You were wrongfully terminated or retaliated against for filing a claim (in this case, it may be a separate employment lawsuit).
Each of these scenarios requires strong evidence and fast action. These are not typical Fort Lauderdale workers’ comp claims. As civil lawsuits they follow very different rules.
Other Legal Options for Work Injury Claims in Fort Lauderdale
If your situation does not meet the requirements under Florida law for suing your employer, you may have other legal options. In some cases, an injured worker can file a third-party lawsuit against someone else who caused or contributed to the injury. Here are common examples:
- Defective equipment: If a machine or tool malfunctioned, the manufacturer could be liable.
- Contractors or subcontractors: On construction sites, multiple parties may share liability.
- Negligent drivers: If you were hurt in a work-related car accident, the at-fault driver can be sued.
- Property owners: If you were injured while working off-site due to unsafe conditions.
Our Fort Lauderdale workers’ compensation lawyer provides trusted legal guidance in these situations and can help you explore all available paths for compensation, even if your employer is shielded by the exclusive remedy rule.
Considering a Lawsuit? Contact Our Experienced Fort Lauderdale Workers’ Compensation Lawyer
If you were seriously hurt at work and believe your employer’s actions went beyond normal workplace risks, you may have grounds for a lawsuit. At The Law Offices of David M. Benenfeld, P.A., our Fort Lauderdale workers’ compensation lawyer has over 30 years of experience helping clients in these cases.
We can review what happened, advise you on your options, and protect your rights in a claim. Contact us today to schedule a consultation in our Fort Lauderdale, Sunrise, or West Palm Beach office.
Sources:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0440/Sections/0440.11.html
osha.gov/workers/employer-responsibilities