By: Florida Home Depot Accident Lawyer David B. Datny, Esq.
All states including Florida have workers’ compensation laws in effect to reimburse employees for injuries, lost wage and out medical expenses incurred due to on-the-job injuries regardless of fault. The amount of compensation is typically determined by a chart of pre-set amounts. Often, the amounts are not enough to cover all of the employee’s medical costs; however, the law maintains that workers’ compensation is the exclusive remedy for the employee injured on the job due to the fault of his/her employer or coworker. In other words, with very limited exception, an employee injured on the job cannot sue his or her employer or coworker for work related injuries. The injured employee is limited to the benefits provided to him or her by Workers’ Compensation. The rationale for this rule is that employers guarantee benefits for their work force after an accident in exchange for shielding them for liability for subsequent injury lawsuits. It also encourages employers after an accident to take remedial measures without concern it will be used against them by the injured employee as an admission of fault.
In this case, a Home Depot employee was bit and injured by a customer’s dog inside one of its stores. The incident was immediately reported to a supervisor by the employee. The supervisor conducted an investigation in which he identified two customers who brought dogs into the store on the date in question along with an eyewitness, but allowed these individuals to leave the store without obtaining any contact information. The supervisor also instructed the employee to have no further contact with the dog owner or any witnesses.
The employee was later diagnosed with cubital tunnel syndrome, which required surgery. The employee claimed and received workers’ compensation benefits from Home Depot for this injury. The employee wished to seek damages beyond Workers’ Compensation for personal injuries as well as pain and suffering against the dog’s owner. However, she was prevented from doing so due to Home Depot’s failure to obtain contact information and no-contact instructions.
As a result, the employee sued Home Depot in civil court claiming her right to a third-party suit against the dog owner was obstructed by Home Depot. Upon completion of discovery, Home Depot filed a motion for summary judgment, claiming immunity under the workers’ compensation bar discussed above is the injured employees exclusive remedy regardless of any alleged failures on its part to properly investigate/document the incident. The trial court denied summary judgment indicating Home Depot could not fail to obtain identifying information for the third party and then subsequently tell its employee, the plaintiff, her claims were barred by Workers’ Compensation.
The case was appealed to the Pennsylvania Supreme Court by Home Depot. The issue before the Pennsylvania Supreme Court was whether the employee should be prohibited from suing Home Depot consistent with the Workers’ Compensation bar or whether she should be able to sue because Home Depot obstructed her ability to pursue the dog owner. The Pennsylvania Supreme Court ruled employees claim was in fact barred by Workers’ Compensation regardless of Home Depot’s conduct.
While the Pennsylvania Supreme Court decision in this Home Depot case is not binding in Florida, it is persuasive authority. Notwithstanding, we believe the decision would be the same in Florida absent additional facts supporting gross negligence, which is an exception in Florida to the Workers’ Compensation bar. Additionally, Florida’s Workers Compensation law does not apply if the employer/coworker committed an intentional tort or failed to warn the injured employee of the known risks of a procedure the employee was required to perform on the job. In that case, the employee may be able to sue the employer under tort law and would not be bound by the limitations of workers compensation recovery.
Notably absent from the judicial decisions and commentary about this case is the fact Home Depot permitted the dog in the store which bolsters what we have mentioned in past articles that they have no animal policy in place to the detriment of its employees/customers. As there have been prior dog bite incidents inside the store per recent news articles, Home Depot is on notice of the dangerousness of allowing customer pets in store to the point it should have a policy to protect its employees/customers. Whether Home Depot’s refusal to institute an animal policy constitutes gross negligence sufficient to get around the workers’ compensation bar remains to be seen; however, customers injured at Home Depot, whether by a dog or defective condition, still have the right to sue for lost wages, out of pocket medical expenses, pain and suffering.
Do not wait to get immediate assistance from an experienced Home Depot Accident Lawyer like David B. Datny if you have been hurt in store. The Datny Law Firm in Boca Raton, Wellington and Winter Park has represented countless victims hurt at Home Depot throughout Florida from Miami to Fort Lauderdale to West Palm Beach to Orlando. We have handled all different kinds of negligence claims at Home Depot ranging from trip and falls on broken sidewalk to slip and falls on wet flooring to injuries from broken shopping carts, push carts, dollies. We have further helped clients hurt by improperly stacked tile, falling t-posts and negligently loaded trucks. Regardless of where your accident happened, or what caused it, we can help. Consultations are FREE. Call 561-221-7474 to speak directly with Attorney Datny.