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Articles Tagged with florida-work-injury-lawyer

With the spring semester well underway, college students throughout South Florida are busy lining up their summer internships. carpentrystudent

While internships can be extremely valuable to one’s fledgling career, those new to their respective professions may be at higher risk for injuries.The question of injury compensation in these instances can be a complex one, and it will depend heavily on how the worker is classified within the company.

Florida workers’ compensation laws, for example, do not use the term, “intern.” Student workers might be classified as “trainees” or “volunteers,” especially if they aren’t paid. In those cases, it may be possible to file a lawsuit directly against the company that offered the internship for negligence. However, if the internship is paid and the worker is considered an “employee,” he or she may instead be entitled to workers’ compensation benefits – just like any other employee. There may be some instances in which third-party litigation is appropriate.

When workers in the state of Florida are injured on-the-job, they typically have two options: File for workers’ compensation and/or file a lawsuit against third parties who may be liable.tornado

These are not mutually exclusive options, but it is true that if your employer carried workers’ compensation and your injury occurred in the course and scope of employment, you can’t sue your employer. There are very rare exceptions, but generally, this is the rule. It’s referred to as exclusive remedy.

Where the waters begin to muddy is when questions arise regarding who is an employer and how do we define an employee. The answers to these questions are sometimes not so straightforward as they may seem. In the case of Slora v. Sun ‘N Fly-In, Inc., plaintiff was injured while working security at an air show. There was no doubt she was working at the time of her injury, and her employer was the security company. However, when she sought damages from the operation that organized the event – defendant in this case – defense asserted that it was a contractual employer, and thus entitled to immunity.

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