Articles Tagged with fort-myers-workers-compensation-attorney

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.