Recent statutory changes and case law have drastically limited the rights of employees injured by the conduct of their employers. However, employees injured by the conduct of their employers can still pursue a lawsuit against their employer outside the workers’ compensation scheme under certain circumstances.
The general rule under Florida’s workers’ compensation act is that if the employee is injured during the course and scope of employment, the remedy is to seek the limited compensation available under workers’ compensation laws. At the same time, the employer is generally immune from civil lawsuits brought by the employee due to the conduct of the employer that caused the employee harm. Before 2003, to overcome the employers workers’ compensation immunity, a plaintiff was required to prove the employer’s conduct was “substantially certain” to result in injury or death.
