Suing a Co-Worker For an Injury or Illness

Answer:

We are often asked by first responders in Florida if they are able to sue an employer or a co-worker for their work-related injury. Usually, the answer is no. There are exceptional circumstances where you may be able to sue or go after an auto policy, for example, or car insurance or a premises liability, if the injury occurred at another location, or if the employer somehow did not properly train you on the equipment or gear to do the job that you’re doing.

Normally, one of the trade-offs for us not having to prove any type of negligence and having benefits flow almost automatically through workers’ comp is the trade-off that we cannot sue the employer in civil court or outside of workers’ comp for any types of penalties and interest. If you’d like a free evaluation, please call us at Oliver and Fox and we’d be happy to take a look for you.