Employers Can Complicate Third-Party Lawsuits

In rare situations, a claim that might merit workers’ compensation benefits may also give rise to a personal injury lawsuit in Florida – but it does happen. The most common scenario is being injured by a third party while engaged in business for one’s employer. If you have been the victim of a third-party accident at work, know that you have the right to pursue both remedies, but you likely will not be able to retain both awards if you receive them – and sometimes, employers may intentionally or unintentionally drag their feet during the process.

Multiple Sources Of Financial Recovery

The Florida workers’ compensation system is intended to cover an injured employee’s lost wages and medical treatment if they are hurt while on the job. In the majority of injury cases, the employee applies for benefits and they are granted, with no need to file any kind of lawsuit – this is because in Florida, workers’ compensation is seen as the exclusive remedy for work injuries. In taking a job with a covered employer, an employee waives the right to sue their employer in exchange for no-fault benefits.

In rare cases, however, a third party may be involved in causing a work injury – for example, a delivery driver may be injured in a crash with a private individual while on the clock. In these cases, the injured employee can seek both workers’ compensation benefits and compensation from the other individual, either via insurers or by filing a lawsuit. However, being able to keep both workers’ compensation benefits and a jury award (if the jury found in the injured person’s favor) is seen as inequitable, since it is, in theory, a windfall.

An Employer’s “Duty To Cooperate”

Florida law holds that while an injured employee can pursue both workers’ compensation benefits and compensation from a third party if the facts merit doing so, they cannot retain the proceeds of both. Section 440.39 holds that in this situation, the worker’s employer gets what are known as lien rights over any recovery in the employee’s lawsuit, in theory to reimburse their insurer for expenses. In return, however, they have a “duty to cooperate” with the employee during their lawsuit.

One might wonder why an employer would not cooperate – after all, if the employee prevails in court, the employer and their insurer may be reimbursed – but it is nonetheless true that some employers will either take a long time to provide relevant evidence or even outright fail to retain evidence. Though an employee may be able to seek damages for spoliation in the latter case, the point remains that if an employer fails to uphold the duty to cooperate, consequences should follow.

Contact An Orlando Workers’ Compensation Attorney

While most workers’ compensation claims are relatively uneventful, a claim where a third party is involved can become complex. A worker’s employer is required to cooperate with their case, but too often, they do not make it a priority to do so. An Orlando workers’ compensation attorney from the Hornsby Law Group can help ensure that your rights are protected as you try to navigate the legal process. Call our office today to schedule a consultation.

Source:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0400-0499/0440/Sections/0440.39.html