Atlanta, GA asked in Car Accidents, Employment Law, Workers' Compensation and DUI / DWI for Florida

Q: If Recklessness falls into intentional tort, can you sue your employer if you already accepted workers compensation?

There’s ways to get around Workers Comp. If you can prove your case. Are you able to pursue a regular lawsuit instead of settling for worker’s compensation if the driver of the vehicle drug test came back positive for cocaine?

1 Lawyer Answer
Gregory C. Maaswinkel
Gregory C. Maaswinkel
PREMIUM
Answered
  • Personal Injury Lawyer
  • Orlando, FL
  • Licensed in Florida

A: For purposes of this answer I am assuming that the driver that tested positive for cocaine was a coworker for the same company that you are employed with. In some instances you may be able to get around worker compensation immunity if the cocaine use caused the accident. If you did not actively pursue or litigate the workers compensation claim, you may be able to get around the election of remedy argument. If the cocaine use did not cause the accident, then worker compensation immunity will most likely apply.

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