Florida Workers' Compensation Carrier Abuse Attorneys

The workers' compensation system's fundamental role is to establish a system of exchange between employees and employers, as well as employees and the insurance carriers, to promote efficiency and fairness. The system was never designed to be used by employers or insurance carriers as a weapon to harm individual employees during the claims process.

In fact, the workers' compensation laws are only intended to provide employers and insurance carriers with immunity against negligent workplace conduct that produces workplace injury, not immunity or a shield for those engaged in intentional tortuous conduct against the workers.

The mere delay of workers' compensation payments or simple bad faith in handling workers' compensation claims are not legally actionable wrongs. However, Florida does recognize the tort of intentional infliction of emotional distress in a workers' compensation case.

To bring an action for intentional infliction of emotional distress, a plaintiff must be able to specifically demonstrate that the carrier's misconduct during the claims process caused harm that is separate and distinct from the original workplace injury.

This misconduct must be so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency. In evaluating a case against either a workers' compensation carrier, its third-party administrator, or the workers' compensation defense attorney, careful scrutiny must be given to the facts of the case to determine the level of misconduct shown.

If outrageous and extreme conduct took place and a separate injury is found as a result of that conduct, then a successful cause of action for intentional infliction of emotional distress against the carrier, the carrier's third-party administrator and/or the defense attorney can be filed.

Cohen Milstein Sellers & Toll PLLC has successfully litigated intentional infliction of emotional distress claims for individuals who have suffered at the hands of workers' compensation carriers, third-party administrators and workers' compensation defense attorneys. We have extensive knowledge and experience in this challenging area of litigation.