Legal Question in Employment Law in Florida

You have a workers' compensation claim which provide immunity to the employer and the fellow employee in most cases. This immunity can be pierced if you can prove be clear and convincing evidence that: (1) the employer deliberately intended to injury you; or (2) the employer engaged in conduct that the employer knew, based on prior similar accidents or on explicit warnings specifically identifying a known danger, was virtually certain to result in injury or death to the employee, and the employee was not aware of the risk because the danger was not apparent and the employer deliberately concealed or misrepresented the danger so as to prevent the employee from exercising informed judgment about whether to perform the work.

In addition, your fellow-employee's workers' compensation immunity shall not be applicable to an employee who acts, with respect to a fellow employee, with willful and wanton disregard or unprovoked physical aggression or with gross negligence when such acts result in injury or death.

You should speak with an attorney immediately to determine and protect your claims.

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David Alan Karas, Esq.

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