Legal Question in Workers Comp in Florida

exclusive remedy workers compensation

What is the standard for bypassing the exclusive remedy in 2007?


Asked on 6/04/07, 3:22 pm

1 Answer from Attorneys

Mark Zientz Law Offices of Mark L. Zientz, P.A.

Re: exclusive remedy workers compensation

You ask a very good question.I am assuming you want to know what level of dastardly conduct on the part of the employer gets you out of comp and into negligence and even punitive damages. First, you ought to know that if you use this method of avoiding the exclusive remedy, your employer better have big bucks to pay you because there will be no insurance to cover what are called 'intentional acts'. And that is basically the standard, an actual battery on you which you weren't smart enough to avoid, even after the employer hurt others the same way.

There are other and better ways to get around the exclusive remedy. To discuss those intelligently I'd need to speak to you and investigate all the possibilities.

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Answered on 6/04/07, 5:04 pm


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