Legal Question in Workers Comp in Florida

I own a small electrical subcontractor in Florida, and two of my employees were recently in a fist fight. I perform all the necessary background and criminal checks during the hiring process and maintain a drug and alcohol free workplace. To the best of my knowledge, neither of the two guys in the fight had a previous problem with each other, and have been successfully working next to each other for four months now. The person injured most in the fight (not guy who threw the first punch), is now claiming they are going to sue me under workplace violence laws and in civil tort. Could I face any claims or liabilty for their fight or injuries? Thank you for your assistance.

Asked on 3/29/11, 7:23 am

2 Answers from Attorneys

Jane-Robin Wender Wender Law, P.A.

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First, if you are at all involved in construction or have 4 employeees, you are required by law to have workers' compensation. With respect to this incident, the guy who threw the first punch gets no workers' compensation. However, the guy that got hurt worse, who you say did not throw the first punch, may be entitled to workers' compensation IF they were arguing about a workplace situation, not personal stuff from outside work.

Answered on 3/29/11, 7:51 am

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