Skip to main content

Exit WCAG Theme

Switch to Non-ADA Website

Accessibility Options

Select Text Sizes

Select Text Color

Website Accessibility Information Close Options
Close Menu

Florida Workers’ Compensation Exclusive Remedy Bars Wrongful Death Settlement

A Florida Supreme Court recently ruled that the exclusive remedy provisions of the state’s workers’ compensation laws prevent the estate of an employee killed on the job from receiving a multi-million dollar judgment against the employer and its insurer in a separate wrongful death case. The estate of Santana Morales, Jr. was denied a $9.5 million wrongful death judgment after he was crushed to death by a palm tree.

Facts of the Case

Mr. Morales was killed in 1997 while working for Lawns Nursery & Irrigation Designs, Inc. when a palm tree being unloaded from a trailer crushed him to death. Court records show that his wife, Leticia Morales, received a workers’ compensation settlement from Lawns Nursery as well as from its insurer, Zenith Insurance Co. The workers’ compensation settlement contained an agreement that stated that the workers’ compensation was the exclusive remedy for Ms. Morales in her husband’s case.

Ms. Morales filed a wrongful death lawsuit against her husband’s employer and the insurance company in a Florida court that was ongoing when the workers’ compensation settlement had been reached. The jury in the wrongful death lawsuit awarded Ms. Morales $9.525 million against Lawns Nursery. The insurance company refused to pay the judgment, and Ms. Morales sued Zenith for breach of contract under its employer liability policy.

Court Ruling

Zenith Insurance appealed to the U.S. District Court in Orlando, which ruled that the exclusive remedy rules prevented Ms. Morales from collecting the judgment of her wrongful death lawsuit. Ms. Morales then appealed to the 11th U.S. Circuit Court of Appeals which said that it was uncertain whether Florida law allows employer liability policies to exclude coverage for claims that could be covered under a workers’ compensation policy. The Circuit Court asked the Florida Supreme Court to consider the issue before it rendered a ruling in the federal appeals court.

The Florida Supreme Court released its opinion earlier this month, ruling that the insurance company’s workers’ compensation employer liability policy would exclude Mr. Morales’ estate from collecting on its tort judgment from Zenith. In addition, the workers’ compensation settlement was the exclusive remedy for his death.

The court stated that “it is clear that the workers’ compensation exclusion bars coverage of claims arising from bodily injuries for which Lawns is required to pay benefits under workers’ compensation law . . . In other words, as we have previously explained, employer liability insurance is a ‘gapfiller’ (that) provid(es) protection to the employer in those situations where the employee has a right to bring a tort action despite the provisions of the workers’ compensation statute.”

The court also stated that the release that Ms. Morales signed would be enough alone to preclude the estate from collecting on the wrongful death judgment. The case now returns to the 11th Circuit Court of Appeals for further consideration.

Call a Florida Workers’ Compensation Lawyer Today

If you or someone that you know has been hurt on the job or has questions regarding their workers’ compensation coverage in Orlando, Jacksonville, Tampa, Fort Myers, or West Palm Beach, let the experienced lawyers at The Pendas Law Firm help. Call or contact the office today for a free and confidential consultation of your case.

Read What Others Have To Say About Us

  • I can't express how much I appreciate this law firm. I had the honor to deal with attorney Daniel. He kept me updated on my case. I couldn't ask for a better law firm...

    — Terry Mcphillips
  • Speedy & superb handling of clients & cases, kind & caring. Highly recommended professionals. They made everything very easy for us, were outgoing & polite. I would call them again if ever in need, rather than call the larger firms that need to advertise & brag about winnings...

    — Joseph Kestell
  • Wow I called Pendas Law Firm the other day at their main intake line it was around 11 o’clock at night and I’ve got this wonderful representative his name was Jeffrey Alvarez. This guy was very professional and his compassion was out of this world..

    — Luis Sanchez
  • Thank you for helping us in our time of need. This firm handled my father’s workers comp case, and helped us with every question we had, and we had a plenty. Thankful for the entire legal team!

    — Enilno Resu
  • I just concluded a case with attorney Michael Sanchez and paralegal Camilo Lopez. I can only say they are exceptional. The customer service is unique, they have been battling alongside me since day 1. They are not only courteous and professional, but they also are amazing at their job...

    — Israel Garcia
  • Their attorneys are absolutely someone you want handling your car accident claim. They communicated with us promptly and thoroughly. I was very happy with our recovery. Already recommended them to others in the same circumstances, their staff speaks Spanish and you feel like in family.

    — Ian Brito
  • Very Professional law firm. They explained to you every detail what to do according to the laws (worker's compensation). Mr. Danilo Cruz is the best Lawyer and his team. They are very kind, friendly, responsible, I love this firm. They fight for their clients. AwesomeTeam!

    — Lau Rod
  • I am very proud and happy that my case was closed, and definitely won! Lizette Gonzalez was my case manager and I definitely recommend this P.A.! Honestly, no other lawyer even tried to fight my case at all, I was turned down by most of those who I called...

    — KingArroyoVEVO
  • Great lawyers who speak Spanish and English. Danny Cruz and Lizette Gonzalez helped with my case and put my parents worries at ease. They got my case over and done with within a year and helped get all my bills paid.

    — Caroline Matute
  • This was a positive, informative and pleasant experience concerning an unpleasant situation. Everyone I spoke to was very professional and compassionate. I always felt to be in the best and most capable hands. the Pendas Law Firm lives up to its reputation!

    — Jean Villarreal
  • Pendas Law did an awesome job working my claim against my homeowners insurance. They had refused to pay for the wind damage to the roof. Larry with Pendas Law Firm was assigned to my case and immediately started working on it. I could not be happier. Will definitely use Pendas Law in the future if needed.

    — John Hibbert
  • I'm thankful to have chosen them , very responsible and communicative , Went in the office with my family and the environment was great ,Sahily walked me through the process professionally, I got a good settlement faster than I expected, would totally recommend.

    — Juan Fernandez
  • I'm very happy with this firm... Joel is an excellent attorney and Carolyn is an amazing paralegal, After been ditched from another law firm, Pendas took care of me and they won my case. I recommend them 100%...

    — MARIA PASTOR
  • This law firm is amazing. I love how they always try to stay/keep in contact with you. It shows that they really care and want everything taken care of correctly, Thank You!...

    — SHANTELLE BLACKWELL
  • I'm very thankful for all the attention of all the Pendas staff that took care of my case and helped me through the process, thanks for your patience, collaboration and comprehension!...

    — CARLOS GUADALUPE
  • The Pendas Law Firm was amazing! They are very kind, professional, and hard-working! They always kept me informed. Larry Trias was great to work with! I always recommend Pendas to family and friends. Thank you for helping me with my case!

    — HEATHER PEPPER
  • Their attorneys are absolutely someone you want handling your car accident claim. They communicated with us promptly and thoroughly. I was very happy with our recovery. Their staff speaks Spanish and you feel like family.

    — IAN BRITO
  • I would definitely recommend this firm. The staff really helps you and they actually show you that they care, especially Siomara Roldan. She has been a great help for my family and myself, she is always helpful with any questions.

    — WILMER D SANTANA RODRIGUEZ
  • Pendas is the best! The paralegals are very attentive to your case, knowledgeable, and communicative! The attorney also won’t just be there the day of your sign up, but all throughout the process as needed. I truly recommend Pendas!

    — MCKENZIE CZABAJ
  • Previous
  • Next
 

By submitting this form I acknowledge that form submissions via this website do not create an attorney-client relationship, and any information I send is not protected by attorney-client privilege.

Florida Personal Injury Offices

Skip footer and go back to main navigation