Old Fla. Case Links Workers’ Compensation Coverage to Immunity

Case File

Those who have access to Florida Compliance Summaries on Simply Research know that among the types of claims that are subject to third party suit and subrogation in the Sunshine state are cases where an accident is caused by the negligence of the employer. The case from which that principle derives is summarized below and demonstrates that without responsibility for securing workers' compensation benefits, an employer doesn't receive the benefits of workers' compensation immunity.

Case

Ramos v. Univision Holdings, 655 S0. 2d (Fla. 1995).

What Happened

Univision entered into a contract with a construction company to remodel one structure and build another on land Univision owned. Univision employed a consulting firm that was a subsidiary of Univision's parent company to serve as its consultant on the construction site.

During the construction process, the construction company hired a subcontractor. An employee of the subcontractor sustained an injury while working at the job site and subsequently sued the parent company, Univision, and the firm.

The trial court denied the three defendants' motion for summary judgment, but the appellate court reversed, finding that Croon v. Quayside Associates, Ltd., 464 So. 2d (Fla. Dist. Ct. App. 1985).

Rule of Law

Under Jones v. Florida Power Corp., 72 So. 2d 285 (Fla. 1954), only where an owner assumes the role of contractor and employer and, consequently, the duty to provide workers' compensation benefits is the owner entitled to workers' compensation immunity.

What the Florida Supreme Court Said

An owner must be a contractor or statutory employer within the meaning of Florida's Workers' Compensation Act and thus liable for securing workers' compensation benefits to be entitled to workers' compensation immunity against a negligence suit. In this case, the appellate court erroneously applied workers' compensation immunity to Univision and found that the worker was not barred from maintaining a negligence suit against all three defendants.

The Takeaway

In Florida, an owner must be a contractor or statutory employer -- and liable for securing workers' compensation benefits -- to claim the protections of workers' compensation immunity. Otherwise, third-party liability for negligence claims attaches.

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