Articles Tagged with fort-myers-work-injury-lawyer

In cases where an employee with no dependents is killed in a work-related accident, relatives in many jurisdictions face a paradox. They can’t pursue recovery for death benefits under workers’ compensation law because the law only allows dependents to collect these payments. On the other hand, they also can’t file a tort action against the employer because of the exclusive remedy principle.

Often, the only option is to explore a third-party liability lawsuit.gavel21

There have been various challenges to the exclusive remedy provision of workers’ compensation law, most recently in Florida where the 11th Circuit in Miami-Dade found it unconstitutional because the remedies  are inferior to those surviving relatives could obtain in a tort action. However, this case didn’t directly address the fact that some persons who might otherwise be able to pursue recovery in a tort (as the personal representatives of a decedent’s estate) might not be allowed to seek worker’s compensation benefits as a non-dependent.

Key to the success any injury case is establishing the foundation that the defendant owed the injured party some duty of care, that the duty was breached and the result was a compensable injury. disappointedman

It’s not enough to prove that an accident occurred and that a person was injured as a result. One must show why the defendant holds liability for the incident.

Our Fort Myers accident lawyers recognize the approach for accomplishing this will vary depending on the individual facts of the case. In premises liability cases, what is central is the status of the injured party on the property. For example, a business invitee is owed a greater duty than a trespasser.