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Beware of the Danger Ahead: Preventing and Properly Defending Against Waivers of Workers’ Compensation Immunity

Understanding Workers’ Compensation Immunity

As an employer, ensuring compliance with workers’ compensation laws is crucial. Under Florida Statute § 440.11, employers generally enjoy immunity from lawsuits for workplace injuries, which means that employees cannot sue their employers in civil court for damages if they are covered by workers’ compensation insurance. This immunity is designed to balance the interests of both parties: employees receive guaranteed benefits without the need for litigation, and employers are protected from costly lawsuits.

Exceptions to Workers’ Compensation Immunity

However, this immunity is not absolute. There are specific exceptions outlined in § 440.11:

1. Failure to Secure Payment of Compensation: If an employer does not provide workers’ compensation insurance, the injured employee or their representative can choose to file a civil lawsuit.
2. Intentional Torts: An employer can lose immunity if it is proven, by clear and convincing evidence, that they intentionally caused harm to the employee or engaged in conduct they knew was almost certain to cause injury or death, while concealing this danger from the employee.

What Constitutes a Waiver of Immunity?

A waiver of workers’ compensation immunity can occur if an employer denies a claim on grounds that the injury did not occur within the course and scope of employment, only to later assert immunity in civil court. This was established in Ocean Reef Club, Inc. v. Wilczewski¹ where the court found it inequitable to deny a worker’s compensation claim in one forum and then shift positions in the opposite forum.

However, simply denying a claim does not automatically result in a waiver. Cases like McNair v. Dorsey² clarify that denying compensability or asserting a preexisting condition defense does not equate to waiving immunity.

Strategies to Prevent Waiver

To avoid inadvertently waiving workers’ compensation immunity, it is essential to maintain consistent positions throughout the claims process. Here are some key strategies:

1. Careful Communication: When denying a claim, avoid stating that the injury did not occur in the course and scope of employment if the intent is to deny it as unrelated to a workplace accident or personal in nature.
2. Education: Educate courts and stakeholders on the specifics of workers’ compensation law to prevent misunderstandings.
3. Legal Consistency: Ensure that all communications and legal filings are free from contradictory statements.

What to Do if a Waiver is Claimed

If a plaintiff’s attorney files a civil lawsuit claiming a waiver of workers’ compensation immunity, take the following steps:

1. Affirmative Defense: Plead workers’ compensation immunity under § 440.11 as an affirmative defense.
2. Motion for Summary Judgment: File a motion for summary judgment, arguing that the issue of immunity is a matter of law for the judge to decide, not a jury.
3. Immediate Appeal: If the motion for summary judgment is denied, you can file an immediate interlocutory appeal under Fla. R. App. P. 9.130(a)(3)(C)(v).

Case Study: Successful Defense

In a recent case, Lisa Barnet v. Broward County Sheriff’s Office,³ Walton Lantaff successfully defended a public entity against claims of a waiver of workers’ compensation immunity. By clearly demonstrating that the employer did not take contradictory positions and educating the court on the narrow scope of the waiver, the firm secured a favorable ruling.

Conclusion

Navigating workers’ compensation claims can be complex, but with careful planning and a consistent legal strategy, employers can effectively prevent and defend against waivers of immunity. Our experienced legal team is here to help you navigate these complexities and safeguard your interests.

Contact Us Today:

• Lazaro C. Rodriguez, Esq. | Senior Partner | 305-671-1338 | lrodriguez@waltonlantaff.com
• Ian S. Ronderos, Esq. | Senior Partner | 305-671-1342 | ironderos@waltonlantaff.com

Stay informed and stay protected!

 

1. Ocean Reef Club, Inc. v. Wilczewski, 99 So. 3d 1 (Fla. 3d DCA 2012) ↩︎
2. McNair v. Dorsey, 291 So. 3d 607 (Fla. 1st DCA 2020) ↩︎
3. Barnett v. Sheriff of Broward Cnty., .17th Judicial Circuit in and for Broward County, Florida, CACE- 21-014571(18) ↩︎