Legal Question in Employment Law in Florida

I was assaulted at work by an employee. I filed a report with the sheriff's office and it is listed as assault and battery.

My employer refuses to fire this person because they said he was "too valuable because customers hate change, and his route is too valuable". The person who assaulted me has three assault and battery charges on his record, one with a deadly weapon. My employer does back ground checks prior to employment, and knew this person's history.

What recourse do I have against the employee and the employer?


Asked on 6/18/10, 12:44 pm

1 Answer from Attorneys

David Alan Karas, Esq. Karas Laws, P.A.

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.

Disclaimer: This answer is based only on the statements you have made, and may not be accurate. Your question and any response does NOT create an attorney-client relationship between you and this law firm. You can not rely on the statements made by an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.

David Alan Karas, Esq.

(T) 561.573.5822

(F) 877.889.2887

(E) [email protected]

(W) www.karaslegal.com

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Answered on 6/18/10, 6:28 pm


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