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 […]

Regardless of what field you practice in, any litigator in the State of Florida will be familiar with what’s been dubbed “Expert Witness” requests for production. It is used to obtain documentation regarding a party’s expert witnesses, such as their reports, photographs, CVs, and the material referenced in generating their opinions. Although this is so common, nowhere in the Florida Rules of Civil Procedure is this method of expert discovery condoned. Expert witness discovery is governed by 1.280(b)(5), Florida Rules […]