July 12, 2006 |
Posted By Diane Pfadenhauer |
Can an Employee on Workers' Comp Also Sue His Employer?
Generally, no. But in Florida maybe yes. According to this client alert forwarded to me be a friend at Epstein Becker and Green, the Florida Supreme Court recently ruled that there was a question of fact as to whether an employee "elected" to receive workers' compensation benefits and therefore was precluded from suing his employers. The facts of the case are the the employee was severely burned in an industrial accident. In Florida, however, employees may now be able to sue their employers if their injuries were caused by egregious or intentional misconduct.
I wonder what the Workers' Comp Insider thinks of this?
I wonder what the Workers' Comp Insider thinks of this?
