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


Arrange No Cost Consultation


Construction Defect Journal is aggregated from a variety of news sources, article submissions, contributors, and information from industry professionals.

No content on this site should be construed as legal advice or expert opinion. By viewing this site you agree to be bound by its terms and conditions


Copyright 2019 - Construction Defect Journal – All Rights Reserved