Florida Supreme Court Decision Makes It Easier to File Workers’ Comp Claims for Workplace Shootings
The Bureau of Labor Statistics (BLS) states that one in ten workplace fatalities is a homicide. Workplace shootings are on the rise, and Florida workers face the threat of violence every day, no matter how slim it might be. A recent decision by the Supreme Court of Florida may make it easier for victims of these shootings to recover compensation. Contact a Tampa workers’ compensation lawyer today to learn more.
Supreme Court Helps Ensure Most Workplace Shootings Are Compensable
In 2019, a workplace shooting occurred in Florida. The shooter was never located or identified by local police, and the incident seemed random without any known motive. The victim was a car rental manager near an airport, and he was walking between a kiosk and an office when he was struck by seven bullets at close range.
There was no attempt to rob the victim, and the manager seemed to indicate that he knew the person responsible. He then miraculously recovered from the assault but with severe brain injuries. During his recovery, he suffered multiple strokes and developed permanent vision loss.
He then filed a workers’ comp claim, but the workers’ comp insurance carrier for his employer denied it. According to the insurer, the shooting was not work-related at all. The defense maintained that the shooter was a man who had an ongoing dispute outside of work with the victim and his son. To support this allegation, the defense pointed to an altercation a day before the shooting involving unpaid debt.
After various appeals, the case went to the Supreme Court. The court then ruled that in order for a workplace shooting to be compensable, it only needs to “arise” out of work performed. This is distinct from a requirement to show that the specific work-related duties caused the injury. The lower threshold means that as long as a worker was engaged in work-related duties at the time of a shooting, the resulting injuries should be compensable barring conclusive evidence of a non-work-related motive.
This might seem obvious, but it is an important distinction. Some say that this court decision is incredibly important, as it “resets” the threshold to a lower level not followed since the 1980s.
Here is the real question: When is a workplace shooting not compensable under Florida’s workers’ compensation system? According to the Supreme Court ruling, this could only happen if the defense conclusively proves that the motive for the shooting had nothing to do with the work being performed. For example, a former romantic partner might show up at your work and attempt to kill you.
The distinction in this particular case was that the shooter was never located. As a result, no one could conclusively prove that the shooting was not work-related. The employee successfully established that the nature of his work was inherently dangerous, pointing to the high levels of crime in the area, his late-night shifts, and the location of hiding spots for nearby assailants. The court also heard testimony that the shooting might have been connected to earlier termination of another employee. In the eyes of the Supreme Court, this was more than enough to satisfy the requirements for a valid workers’ comp claim.
Can a Tampa Workers’ Compensation Lawyer Help Me?
A Tampa workers’ compensation lawyer may be able to help if you’re recovering from injuries after a workplace shooting. A lawyer could also guide you toward compensation if you lost a loved one to a fatal workplace shooting. Learn more about your rights in this situation by contacting The Franco Law Firm at 813-872-0929.
Source:
insurancejournal.com/news/southeast/2026/07/10/876981.htm
