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ARTICLE · 28 AUGUST 2014

No Workers’ Comp Immunity! No Insurance! Sure Is A Problem

Foley & Lardner LLP
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In many states, workers’ compensation benefits are ordinarily the exclusive remedy for an employee injured or killed on the job.

United StatesEmployment and HR
Foley & Lardner
Foley & Lardner
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In many states, workers' compensation benefits are ordinarily the exclusive remedy for an employee injured or killed on the job. In exchange for these benefits, often awarded on a "no fault" basis, the employee generally forfeits the right to bring civil suit (subject to limited exceptions) against his employer. However, this expected employer immunity may not always be there with serious implications.

A recent order from a Florida state court illustrates the point. The court concluded that the exclusive remedy provision of the Florida Workers' Compensation Act is unconstitutional because the benefits available to employees have been so eroded over time by the legislature they no longer are an adequate alternative to civil suit. Included in the 20-page opinion are references to cases in Colorado and Missouri where the courts found some portion of their state workers compensation laws unconstitutional.

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