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Tampa Workers' Compensation Attorney / Blog / Workers Compensation / 3 Situations When You Shouldn’t Waive Your Right To Sue Your Employer

3 Situations When You Shouldn’t Waive Your Right To Sue Your Employer


Under Florida law, employees waive their right to sue their employer if they receive workers’ compensation benefits for their work-related injury or illness. In return, employees are not required to prove anyone’s fault to be entitled to workers’ compensation.

However, there are situations in which you should not waive your right to sue your employer. You may be able to file a lawsuit against a third party whose negligence caused your injury or sue your employer for intentional misconduct.

If you were injured in a workplace accident, it is advisable to consult with an attorney to determine whether or not you should give up your right to sue your employer in exchange for workers’ compensation benefits. Schedule a case evaluation with Tampa workers’ compensation lawyer Jason Kobal by calling 813-873-2440.

A Third Party Was Negligent in Causing Your Injury

In addition to collecting workers’ compensation benefits, you may be able to pursue a third-party personal injury lawsuit. However, you cannot file a lawsuit against your employer. You can file a lawsuit against a third party whose negligent acts or omissions caused or contributed to your work-related injury.

Since determining fault after a workplace accident can be a tricky matter, it is advisable to hire an experienced attorney to review your particular situation. At Kobal Law, our attorneys handle both workers’ compensation and personal injury cases.

Your Employer Engaged in Intentional Misconduct

Most workplace accidents are caused by:

  • The injured worker’s negligence;
  • A coworker’s mistake; or
  • Equipment failure.

In such cases, the injured employee cannot bring a lawsuit against their employer because employers who provide workers’ compensation are immune from civil liability. However, you may be able to sue your employer if their intentional, wanton, malicious, or willful conduct caused your workplace injury.

It is advisable to speak with a knowledgeable attorney to determine whether or not you should waive your right to sue your employer. Your lawyer will investigate your case to determine if your employer engaged in intentional misconduct or any other egregious conduct that might warrant a personal injury lawsuit.

You Were Injured by a Defective Product

If your workplace accident was caused by a defective product, you might be entitled to compensation through a product liability claim against the manufacturer of the defective equipment.

Filing a product liability claim can substantially increase the value of your claim. In fact, you can waive your right to sue your employer when bringing a product liability lawsuit because the defendant is not your employer. The defendant is the defective product’s manufacturer, seller, distributor, and other parties in the chain of distribution.

Consult with a Tampa Workers’ Compensation Attorney

Once you accept workers’ compensation settlement from your employer’s insurance company, you automatically waive your right to sue your employer. Doing so is a big step that requires thorough consideration.

For this reason, you should talk to an experienced workers’ compensation attorney to review the specifics of your workplace accident and determine if you should or shouldn’t waive your rights. Speak with our attorney at Kobal Law by calling 813-873-2440.

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