Florida Injury Attorney Blog

A man working at Tico Terminal Systems at Blount Island in Jacksonville, Florida was killed when a truck dolly backed into him, according to an article on News4Jax.com. The man was an employee of Tico at the time of the fatal accident.

It is not clear from the article whether the driver who killed the Tico worker was also a Tico worker. When a person is injured or killed on the job, there are issues relating to who the injured party, or the family of the deceased party, can sue to recover for the injuries or loss of a loved one. According to the workers compensation laws, when a person is injured at work due to the negligence or his/her employer, the employer typically has workers compensation immunity which means the injured worker will be reimbursed for medical expenses and loss of wages regardless of whose fault the accident was but the employer cannot be sued for damages due to negligence. There are exceptions to this rule, but generally, the workers compensation laws prevent a worker from suing his/her employer for damages due to the employer's negligence.

However, there are other avenues for a person injured, or a family of a person killed, to recover damages in a case like this. If the co-worker's or employer's conduct rose to a level beyond negligence and such an injury or death was likely to occur based on the co-worker's or employer's conduct, workers compensation immunity may not protect the employer in such a lawsuit. Additionally, if the person who caused the injury or death was an employee of a different company, as is sometimes the case in these accidents that occur at industrial complexes, workers compensation immunity does not affect the injured party's or deceased's family's right to sue a separate person or company for negligence.

When a person is injured or killed at a job-site, there are several issues that must be analyzed to determine who can and should be sued. If you have questions about an injury that was suffered at a work-site or any other location, feel free to contact us for a free consultation so you can learn your rights.

The law of workers compensation generally provides that if you have been injured at work in Florida, your employer's workers compensation insurance carrier will pay for your lost wages and reasonable medical care so long as you notify your employer within 30 days of the injury or the time you are aware of the injury. A worker injured on the job is entitled to workers compensation benefits regardless of whose fault the injury was. The trade-off is that the worker cannot sue the employer for the injuries; he/she is limited to the benefits under the workers compensation laws.

Several years ago in Florida, a law was put into place that severely limited the attorneys' fees workers compensation lawyers who represented injured workers could collect from the employers' insurance companies in these cases. A formula was created that allowed workers compensation lawyers who represented injured workers to receive only a minimal fee even for prolonged and complex cases. On the other hand, the insurance companies could pay defense lawyers representing workers compensation insurance companies large fees to defend workers compensation cases. As a result of this imbalance, injured workers were at a severe disadvantage in making a claim for injuries at work and finding a law firm that would handle a serious workers compensation case. Under the old law, a lawyer representing an injured worker may be expect to make near minimum wage for dozens of hours of work while the insurance company paid its lawyer $15,000 or more on the same case.

Recently, in the case of Murray v. Mariner Health, the Florida Supreme Court struck down that law that was clearly unfair for injured workers. Based on that ruling, lawyers for injured workers can collect fair attorneys' fees for their time and effort on workers compensation cases on behalf of injured workers. This recent ruling should level the playing field and allow people injured at work to retain the workers compensation lawyer of his/her choice without worrying that his/her case or lawyer will be compromised.

If you have been injured at work in Jacksonville, Florida or anywhere in Northeast Florida, contact a law firm whose lawyers are knowledgeable in workers compensation issues to learn more about your right to be compensated for your injuries.