Comp Claims

THE HIGH THRESHOLD TO OVERCOME AN EMPLOYER’S WORKER’S COMPENSATION IMMUNITY: A “VIRTUALLY CERTAIN TO RESULT IN INJURY” STANDARD

By: Stearns, Roberts & Guttentag, LLC In Florida, the legislature has enacted statutes that provide a strict liability of compensation for workers in which the injured receives a guarantee of rapid compensation for work related injuries. In return, however, an injured is precluded from raising any common law negligence claims. Instead, an injured is required […]

THE STATUTORY INTENTIONAL TORT EXCEPTION TO WORKERS’ COMPENSATION IMMUNITY

By: Richard E. Guttentag, Esq. and Alexander S. Beck, Esq., Stearns, Roberts & Guttentag, LLC Employers are generally immune from facing suit in civil court for injuries sustained by their employees in the course of their employment where workers’ compensation is in place, as workers compensation insurance is generally an employee’s exclusive remedy. However, Florida’s […]