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Larson's Case Law Developments
8/25/2008 10:28:46 PM EST
Judge David M. Gersten
Judge David M. Gersten on Asserting Intentional Tort Claims Against an Employer in Florida: Jones v. Martin Electronics

The workers’ compensation system provides employees with limited medical and wage loss benefits, without regard to fault, for losses resulting from workplace injuries. In turn, section 440.11(1), Florida Statutes, gives the employer immunity from liability for their negligent conduct that causes the injury. However, employer immunity does not extend to the employer’s egregious conduct that rises to the level of an intentional tort. See Turner v. PCR, Inc., 754 So. 2d 90 ( Fla. 2000). Jones v. Martin Electronics, Inc., 932 So. 2d 1100 (Fla. 2006), eliminated any lingering doubt as to whether workers’ compensation benefits will bar an injured employee from suing an employer for an intentional tort provided the injured worker has not pursued the worker’s compensation proceeding to its conclusion.

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