sue your employer

[LeglEgl]

(10-31-2011 03:38 PM)kristin0 Wrote:  I m in state of Florida as far as I know You can sue Your employer after 2 years for negligence since You had work injury even if You settle with workers comp.

Guess again. Workers Compensation is a 'NO FAULT' system. Negligence itself isn't an issue, as negligence implies fault.

There are only TWO situations in which you could sue the employer:

1. If the worker can prove that the employer's actions were so egregious that the injury was a "virtual certainty". This is extremely difficult to prove, and very few cases are successful.

2. If the WC claim is denied, and the injury is proven to be caused by a work-related incident.

[bodybuilder1958]

>>1. If the worker can prove that the employer's actions were so egregious that the injury was a "virtual certainty". This is extremely difficult to prove, and very few cases are successful.<<

An friend of mine from another state sued her employer and they settled out of court knowing that they would loose. They gave her everything she asked for. The first lawyer she interviewed took her case knowing that she would win.

'Patient with a history of violence while coming out of anesthesia. Had injured 3 other medical professionals at another hospital. The surgeon in the case had requested restraints, hospital administrators had reviewed the case and refused the surgeons request. The surgeon informed the staff of the risks involved, the nurse who was injured was giving the original circulating nurse in the case a lunch break. She had not been informed of the risks with this patient. Patient came out of anesthesia and attempts were made to restrain him. The nurse was thrown against a class case 8 ft away. She was hospitalized for 8 months, 2 months in a medically induced coma.'

One of the very few cases where an employee wins when they sue their employer. My friend is in a wheelchair, paralyzed on her left side. She has around the clock care for life, all medical and other expenses paid. I think she deserved to win.

[LeglEgl]

(10-31-2011 04:54 PM)bodybuilder1958 Wrote:  'Patient with a history of violence while coming out of anesthesia. Had injured 3 other medical professionals at another hospital. The surgeon in the case had requested restraints, hospital administrators had reviewed the case and refused the surgeons request. The surgeon informed the staff of the risks involved, the nurse who was injured was giving the original circulating nurse in the case a lunch break. She had not been informed of the risks with this patient. Patient came out of anesthesia and attempts were made to restrain him. The nurse was thrown against a class case 8 ft away. She was hospitalized for 8 months, 2 months in a medically induced coma.'

And, that would probably be a very good illustration of "egregious" conduct.

[kate]

(10-31-2011 04:12 PM)LeglEgl Wrote:  

(10-31-2011 03:38 PM)kristin0 Wrote:  I m in state of Florida as far as I know You can sue Your employer after 2 years for negligence since You had work injury even if You settle with workers comp.

Guess again. Workers Compensation is a 'NO FAULT' system. Negligence itself isn't an issue, as negligence implies fault.

There are only TWO situations in which you could sue the employer:

1. If the worker can prove that the employer's actions were so egregious that the injury was a "virtual certainty". This is extremely difficult to prove, and very few cases are successful.

2. If the WC claim is denied, and the injury is proven to be caused by a work-related incident.

LeglEgl is correct. It's next to impossible to win a negligence case (in a WC situation) against the employer in Florida. And there is no 2 year rule about suing them. You may be thinking about subrogation against a third party who was negligent. And you don't have to wait 2 years.

[SIF_Stressed In Fl]

What about a suit against a company that your employer contracted to do work. Example would be a remodel job in your office where the floor was not leveled correctly? Thus causing a fall and injury? Could the suit be directed towards them instead of the employer?

[kate]

(11-07-2011 07:39 PM)SIF_Stressed In Fl Wrote:  What about a suit against a company that your employer contracted to do work. Example would be a remodel job in your office where the floor was not leveled correctly? Thus causing a fall and injury? Could the suit be directed towards them instead of the employer?

You can sue a third party. The WC carrier would have subrogation rights.
In Florida, the injured worker can sue during the first year. If they don't, then the carrier can sue the third party after giving the IW 30 day notice. If the carrier does not bring suit within 2 years, the right of action reverts back to the employee. F.S.A. §440.39.