Florida Workers’ Compensation Immunity—Are There Exceptions?
As an employer in Florida, you must provide workers’ compensation insurance for your employees. This insurance will help cover the cost of medical treatment and lost wages if an employee is injured. In addition, employers are also protected from lawsuits by employees who are injured on the job. This is known as workers’ compensation immunity.
To receive workers’ compensation immunity, employers must provide a safe working environment for their employees. This means that the employer must take steps to prevent accidents and provide proper employee training. If an employer does not take these steps, they may be liable for any injuries.
In today’s article, let’s explore some possible exceptions to this. Here’s what you need to know:
In Florida, workers’ compensation immunity is employers’ broad protection from civil lawsuits. This immunity applies to most employers, regardless of size, and protects them from being sued by employees for work-related injuries.
There are, however, a few exceptions to this immunity. These exceptions must be aware of, as they could potentially open employers to civil liability.
- The first exception: is for cases of gross negligence. If an employer is found to have been grossly negligent in causing an employee’s injury, the immunity is void, and the employer can be sued.
- The second exception: is for cases of intentional injury. If an employer intentionally injures an employee, the immunity is void, and the employer can be sued.
- The third exception: is for cases where the employer has violated a safety statute. If an employer violates a safety statute and an employee is injured. As a result, the immunity is void, and the employer can be sued.
- The fourth exception: is for cases where the employer has not obtained workers’ compensation insurance. If an employer does not have workers’ compensation insurance and an employee is injured, the immunity is void, and the employer can be sued.
- The fifth exception: is for cases where the employer has not complied with the workers’ compensation law. If an employer has not adhered to the workers’ compensation law and an employee is injured, the immunity is void, and the employer can be sued.
It is important to note that these exceptions are not exhaustive. There may be other situations where the immunity is void, and the employer can be sued. If unsure whether you have a case, it is always best to speak with an experienced attorney.
Ensure Your Company’s Workers’ Compensation Immunity in Florida
In Florida, companies are immune from workers’ compensation claims if they follow certain guidelines. To ensure your company’s immunity, make sure you:
- Register with the Florida Department of Financial Services.
- Purchase workers’ compensation insurance from a licensed insurance company.
- Post a notice of workers’ compensation insurance in a conspicuous place at your business.
- Provide employees with a notice of workers’ compensation insurance coverage.
- Keep records of your workers’ compensation insurance coverage.
Following these guidelines ensures that your company is immune from workers’ compensation claims in Florida.
The Bottom Line
Florida’s workers’ compensation system is designed to provide benefits to employees injured or who become ill due to their job. Employers are required to provide workers’ compensation insurance coverage for their employees. Employees are not required to prove their employer was at fault for their injury or illness to receive benefits.
While the workers’ compensation system in Florida provides many benefits to employees, it also offers certain protections to employers. Employers are immune from lawsuits filed by injured employees or who become ill due to their job, as long as the employer has workers’ compensation insurance coverage. This immunity protects employers from having to pay large settlements or judgments to employees and helps to keep the cost of workers’ compensation insurance premiums down.
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