Workers Compensation Immunity and the Intentional Tort Exception

Pencil resting on Report of Work Injury

Florida Statute s. 440.11 discusses the intentional tort exception to workers compensation immunity.

July 2, 2018
David Adelstein - Florida Construction Legal Updates

In prior articles, I discussed the benefit of workers compensation immunity for contractors. Arguing around workers compensation immunity under the “intentional tort exception” is really hard – borderline impossible, in my opinion. Nevertheless, injured workers still make an attempt to sue a contractor under the intentional tort exception to workers compensation immunity. Most fail based on the seemingly impossible standard the injured worker must prove to establish the intentional tort exception. A less onerous standard (although certainly onerous), as a recent case suggests, appears to be an injured worker suing a co-employee for the injury.

Mr. Adelstein may be contacted at dadelstein@gmail.com



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