Breaking: Florida Court Opinion Greatly Expands Employer Liability

Date: August 20, 2014

Florida business owners: you need to know that the trial lawyers have won a huge case meant to destroy your immunity from tort lawsuits for workplace injuries, making you vulnerable to damages above and beyond the benefits available under the workers compensation system.

Just last week, a Miami-Dade County Circuit Judge ruled unconstitutional the provisions of the WC law that limit injured workers benefits to those allowed under the WC law.  Under this ruling, you would still be required by law to carry WC insurance. But injured workers could collect under WC law and sue you and your business for additional benefits under tort law – where the sky is the limit.

The opinion was issued on August 13, and is referenced as Florida Workers Advocates vs. the State of Florida.  Though the opinion is of application only in one Circuit Court District today, the precedent-setting opinion is now available to other Circuit Courts, and the Trial Bar is aggressively orchestrating cases before other circuit courts to force this business-destroying opinion across Florida.

The NFIB, through the NFIB Legal Foundation, is prepared to engage in helping overturn this very ill-advised legal opinion, and will be meeting with Attorney General Pam Bondi this week to discuss filing a motion to rehear this case.

This is catastrophic for small-business owners. Unless an appeal is filed, you will be required to continue to carry Workers’ Comp coverage that does not protect your business.

Stay tuned to NFIB.com/FL for more as we work to protect you and your business from this potentially devastating situation.

Related Content: Small Business News | Florida

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