A Jacksonville correctional officer raped at knifepoint by an inmate at the Duval County jail notified the Sheriff’s Office this morning that she intends to sue the department for failing to follow its own policies procedures designed to protect her. The big question in her case is if she will be allowed to go forward with this Jacksonville lawsuit against her employer or will worker’s compensation be her only legal remedy.
Worker’s compensation is a system designed to compensate workers injured on the job without regard to fault. Most employers are required by law to participate in the workers compensation system. Benefits under workers’ compensation are very limited and provide partial wage replacement and all medically necessary treatment. Workers’ compensation is the injured employee’s exclusive remedy. When employers properly obtain workers’ compensation insurance for their employees, the law allows them almost complete immunity from lawsuits brought by their employees against them. Under Florida Statute 440.11 an employee can only sue his employer if that employee can prove in court that the employer has engaged in any intentional act that causes harm or is substantially certain to result in injury or death to the employee.
If you have been the victim of a crime in Jacksonville you may have a legal claim for negligent security. Call the Law Offices of Henry Gare at (904) 387-6101 for your free consultation.