Wrongful death in the workplace or during work activities is one of the most tragic events that a Florida family can experience. Those that suffered a loss because of a Florida workplace accident should contact an attorney to discuss their rights and remedies. These cases can be challenging because of the interplay between workers’ compensation and negligence laws.
The Occupational Safety and Health Administration (OSHA) reports that many fatal workplace accidents occur at construction sites. OSHA classifies construction site accidents into one of the “fatal four” incidents, electrocutions, falls, crush injuries, and blunt force injuries. For example, recently, a Florida news report described a shocking crush injury at a Home Depot. The victim was delivering materials to the Florida Home Depot when a load of construction materials fell on him. OSHA stated that they are investigating the incident to determine why the construction load fell. This situation is a prime example of a potentially complex negligence lawsuit. The delivery driver was not a Home Depot employee, but rather an employee of a third-party carrier, delivering products from another company.
Generally, the law provides Florida employers with immunity from their employees’ personal injury lawsuits. The immunity is derived from Florida’s workers’ compensation laws, which allow employers to receive payments for their injuries without establishing employer negligence, unlike traditional personal injury lawsuits. However, as a trade-off for this “no-fault” system, lawmakers have made it exceedingly difficult for employees to sue an employer successfully. However, there are exceptions if an employer acted grossly negligent, in a wanton manner, or intentionally. However, it is an onerous standard that many plaintiffs cannot meet.