In some good news for workers injured in Florida, the Florida Supreme Court ruled, in Bakerman vs. The Bombay Co., that when an employer’s actions are substantially certain to result in injury or death, that the injured worker is not required to prove that their employer concealed the dangerous condition from them.
Too often Florida workers, many of whom are our clients, are forced to work in overly dangerous conditions and when injured, are limited to the minimal recoveries, of partial lost wages and medical payments, provided under the workman’s compensation statutes. This decision should provide some relief to seriously injured workers, by providing them with a greater ability to sue employers who place them in conditions which are likely to result in serious injury or wrongful death.
Unfortunately, this decision is limited to accidents which happened before 2004, which is when the Florida Legislature, in another blow to injured workers, changed the laws to require the injured worker prove their employer concealed the dangerous condition from them.