Q: Exceptions to Florida Workers’ Compensation Immunity
I got ran over by a garbage truck and the person drug test came back positive for cocaine the same day and he got fired. Would that fall into intentional tort because he knew what he was doing was wrong and he could injury someone while driving high, especially a commercial vehicle?
A:
I'm sorry to hear about this horrible incident. In your sceneario it is possible that both the driver and the company that he was driving for would be liable for your injuries. In Georgia, a company may be responsible for the torts committed by its employees. Additionally, there may be evidence that the employee had a history of violating company rules and the company allowed the person to continue driving.
You need to speak with a lawyer who has experience handling a complex injury case like this.
Randy Bryan Ligh agrees with this answer
A: Your question suggests that you also work for the same company as the garbage truck driver (this question is in the work comp section and talks about immunity). If that is the case, your employer would be immune from you suing it unless it purposefully put you in harms way or knew of the harm to come and hid it from you. But, you would have a workers compensation case, where you can get medical care and lost wages paid for and provided by the work comp carrier. I'd highly suggest that you consult with an attorney licensed to practice law in Florida and who regularly handles workers' compensation cases. However, if you were not working for the garbage truck company, then there may be a personal injury case against the garbage truck company. More information is needed to determine the viability of that case, so I'd highly suggest that you consult with an attorney licensed to practice law in Florida and who regularly handles personal injury cases.
A: If you were run over by a garbage truck, then you need to file a personal injury lawsuit against both driver and the company he works for. I don’t see any information in your question that relates to Worker’s Compensation, unless you were injured on the job. If you were injured on the job than the exclusive remedy that you have against your employer is Worker’s Comp. If a third-party was responsible for your injuries, then you also have a claim against that third-party..
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