What is Worker’s Comp Immunity? | Florida Construction Injury Lawyers Whittel & Melton


Accidents at work can cause severe injuries or even death. All employers in Florida with four or more employees are required by law to carry workers’ compensation insurance. No matter how many employees are currently working, construction companies in Florida are obligated to offer this insurance to every employee. This insurance is intended to offer monetary compensation for injuries sustained by employees while performing their duties. In the terrible event that an employee passes away at work, the compensation may cover funeral and burial expenses in addition to medical bills, lost earnings, and other recovery-related expenses to those who have been injured.

Employers who follow state law and purchase either private or state workers’ compensation insurance, or self-insure, are well-protected against any injured employees or families of those who are killed from suing them.

There are exceptions to this immunity. Sometimes, workers’ compensation insurers will refuse compensation claims, arguing that an injury did not occur while the employer was at work, to avoid making payments. In those circumstances, the employee would be permitted to file a typical personal injury claim stemming from negligence.

Then there is the question of what happens when there are various vendors on a construction site (foreman, contractors, sub-contractors, etc.) who may work for the same employer or a different employer. This can present different forms of liability, which can create a diverse situation where liability lies with a third party. This means that the injury victim could have a third-party liability claim in addition to a possible worker’s compensation claim.

If the injured party is not an employee of the same employer as the person(s) who are responsible for the injury, an employee may file a lawsuit against any third party. This may seem like a complicated process, but our team of Construction Liability Lawyers at Whittel & Melton can offer valuable insight and legal guidance for your personal injury claim.

After You Have Been Injured on a Florida Construction Site Call Us – 866-608-5529 

If you get injured on a large construction site, do not just assume you have a worker’s comp case. Make sure you have attorneys who know how to overcome any potential legal defenses against you, regardless of where or how you were harmed. Call us at 866-608-5529 and talk to us for free about your injury.



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