South Florida Personal Injury Lawyers Blog
A restaurant worker in Florida sued her employer after an on-the-job assault caused severe psychological distress. The claim focused solely on mental health injuries, including post-traumatic stress disorder, with no physical harm alleged. The worker argued that management failed to protect her from a known threat and framed her lawsuit as a negligence claim. The trial court allowed the case to move forward. However, the appellate court reversed course, ruling that any remedy would need to come through Florida’s workers’ compensation system.
Mental Health Claims at Work Face High Legal Hurdles
Florida workers’ compensation law provides coverage for job-related injuries. While it generally addresses physical harm, it does allow claims based solely on psychological injury in minimal situations. The law requires either an accompanying physical injury or proof that the psychological harm resulted from a shock so extreme it would cause emotional damage to an average person.
In this case, the court found that the allegations did not meet those standards. Florida courts do not permit civil lawsuits for emotional harm at work unless strict legal exceptions apply. The decision warned that allowing claims outside those limits would undermine the workers’ compensation system, which exists to streamline recovery and shield employers from prolonged litigation.
Negligence Alone Does Not Guarantee a Lawsuit
The worker alleged that the employer failed to protect staff from a dangerous individual, claiming the business neglected its duty to maintain a safe environment. Courts in Florida often reject efforts to reframe workers’ compensation claims as general negligence or premises liability lawsuits. The court explained that the employment relationship, not the identity of the aggressor, determines the legal pathway.
If an incident occurs in the course of employment and arises out of work duties or the work environment, it typically falls under the administrative workers’ compensation process. Trying to file a civil lawsuit in these situations rarely succeeds unless very specific conditions are met.
Psychological Harm Without Physical Injury Triggers a Higher Bar
The absence of any physical injury made the claim even harder to sustain. Florida law draws a clear distinction between physical and psychological injuries in workplace cases. Emotional distress on its own must stem from an extraordinary work condition and must rise to a level that would affect a reasonable person in the same situation.
Claims involving physical violence that result in bodily harm may be eligible for civil litigation in addition to workers’ compensation. Without that element, most mental health claims remain subject to the stricter limits of the compensation system.
Key Takeaways for Injured Workers in Florida
Even serious work-related incidents might fall outside the scope of civil lawsuits. Florida law limits when a worker can pursue damages in court, especially when the injury involves only psychological harm. Workers’ compensation may be the only available path, even if the employer failed to take action or ignored obvious risks.
This decision underscores the significance of distinguishing between civil liability and the administrative workers’ compensation process in Florida. Filing under the wrong system may delay your case or result in its dismissal. A careful review of how and where the incident occurred is essential before proceeding.
Contact a Florida Workers’ Compensation Attorney after a Workplace Assault
Whether your injuries happened on the road, on the job, or in a public place, you may have more rights than you think. Medical bills, missed paychecks, and insurance delays can make it difficult to move forward. At Friedman Rodman Frank & Estrada, we take that pressure off your shoulders and focus on getting the results you need. We have built a reputation throughout Florida for thorough preparation and strong client service. Reach out today at 877-448-8585 for a free, no-obligation consultation.