Can I Sue My Employer for Emotional Distress in Orlando, FL? 

James D. Payer | December 9, 2024 | Worker's Compensation Lawyers Near You Orlando

If you were injured or harmed at work, you can usually seek damages through worker’s compensation or a personal injury lawsuit. You might wonder–can you also sue your employer for emotional distress that you’ve suffered? In most cases, you cannot sue for emotional distress under workers’ compensation. However, it’s possible in some select cases. We’ll explain those exceptions in more detail below. 

After suffering any type of workplace accident or injury, you have important legal rights to protect. An experienced Orlando workplace accident lawyer can help you review your options –including the types of damages you can seek. To learn more, contact our law office today to schedule a free consultation. 

Recovering Damages Through Workers’ Compensation 

The main advantage to pursuing damages in a Florida workers’ compensation claim is that you are not required to prove fault. This removes the burden of proof that is essential to most personal injury claims. However, damages such as pain and suffering or emotional distress are not allowed in a workers’ compensation claim. 

Instead, you would be paid for economic damages such as medical bills, lost pay, and other tangible losses from your workplace injury. Workers’ compensation can cover treatment related to your mental health as long as your injuries were primarily physical in nature. However, you would not receive a separate financial award based on emotional distress. 

Florida follows a nearly mandatory workers’ compensation insurance system that allows injured workers to seek payment for their losses suffered at work. Florida’s workers’ compensation plan seeks to address two main goals: 

1. Allowing workers to receive benefits that cover medical bills, lost income, and disability from an injury at work; 
2. Protecting employers from waves of personal injury lawsuits due to workplace injuries. 

Additionally, workers’ compensation claims can be resolved quickly and efficiently compared to personal injury lawsuits that may drag out for months and even years. 

Workers’ compensation in Florida has its own complex set of rules and procedures to follow. To make sure your claim is handled correctly and successfully, contact our Orlando workers’ compensation lawyers to review your next steps. 

When You Can Sue Your Employer For Emotional Distress 

While you can’t sue your employer for emotional distress in a workers’ compensation claim, you could seek damages for emotional distress in a personal injury lawsuit. However, certain rules apply. Florida follows an “Impact Rule” in personal injury cases that usually requires proof of physical impact before emotional distress can be addressed. 

Common exceptions to the Impact Rule can include: 

• Intentional torts such as assault
• Witnessing a catastrophic event 
• Exposure to contaminated food 
• Exposure to toxic chemicals

In the employment context, your options are even more limited. To file a personal injury claim against your employer, one of the following exceptions would have to apply: 

1. Your employer did not maintain adequate workers’ compensation insurance. If your employer did not carry proper insurance at the time of your accident, and your employer’s negligence caused the accident, you’d then have the ability to sue your employer for damages–including emotional distress. Unlike a workers’ compensation claim, where you do not need to prove fault, a personal injury lawsuit requires you to prove the elements of negligence in order to receive any type of damages. 
2. Your employer injured you intentionally. If it was a negligent, careless, or reckless act that caused your injuries, you cannot prove intent by your employer. To sue your employer under this approach, you must prove your employer acted intentionally in a way that harmed you. Thus, you’d need to prove the motivation behind their action and how the act caused your injuries. 

As you can see, suing your employer for emotional distress is only allowed in certain situations. You would first need to file a personal injury lawsuit, which is not automatically an option against your employer. Typically, workers’ compensation addresses workplace injuries–including the emotional impacts of your injuries.

Contact Our Orlando Workers’ Compensation Law Firm For Help Today

If you’ve been injured at work, you could suffer emotional distress on top of your physical injuries. However, you can only pursue damages for emotional distress in specific circumstances. An experienced Orlando workers’ compensation lawyer can help you understand what your legal options are.

If you’ve been injured in an accident in Orlando, Florida, and need legal help, contact our experienced personal injury lawyers at Payer Law Personal Injury Lawyers to schedule a free consultation today.

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