Legal Question in Workers Comp in Florida
Hello.. i have a friend that worked in a warehouse that is family owned and operated. There was a hole in the ground and my friend fell in. He hurt his knees ribs and side and was out of work for a little over a month. He recieved workman's comp and has now filed a claim because they owe him for time off and cut his therapy short. He was told by his lawyer he should file a negligence claim against the company but the other lawyer he consulted said he could not because there was no 3rd party involved. What are his options?
2 Answers from Attorneys
If the warehouse is owned by his employer, he is limited to the workers compensation claim, unless someone else is responsbile for maintaining the floor or ground.
Any attorney who told him that he could file a negligence claim knows little or nothing about workers' compensation. Workers' compensation is a no fault system that every injured employee receives regardless of whether negligence was involved. He cannot sue his employer for negligence, he is limited to workers' compensation benefits.
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