The Workers compensation system is broken. To that end, the Workers compensation act was passed in an effort to “to assure the quick and efficient delivery of disability and medical benefits to an injured worker and to facilitate the worker’s return to gainful reemployment at a reasonable cost to the employer….” § 440.015, Fla. Stat. (2010). This statutory scheme “is based on a mutual renunciation of common-law rights and defenses by employers and employees alike.” Id. “Injured employees who fall within the scope of its provisions are to be swiftly provided compensation and necessary medical benefits by the employer, irrespective of fault as a cause of the injury.” Bakerman v. The Bombay Co., 961 So.2d 259, 261 (Fla.2007). Under this modified no-fault system, employers in compliance with the Workers’ Compensation Law are immune from their employees’ common law negligence actions for damages arising from work-related injuries. Id. at 262. The statute provides employers “immunity from civil suit by the employee, except in the most egregious circumstances. That “system” was fine in the 1800′s-It doesn’t work now.
First and foremost, anyone that has been injured on the job knows that the benefits provided are anything but quick and efficient. In turn for a right to quick and efficient payment of medical and indemnity benefits the injured worker lost the right to sue his employer, unless he can prove that the employer committed an intentional tort. That is a burden that quite simply cannot be met, and has not been met under the current statutory definitions of an intentional tort. The gauntlet is set forth in Florida Statute 440.11, and states in pertinent part: