Workplace Shootings in Tampa: Will My Workers’ Comp Claim Be Denied?
You could face a denied workers’ comp claim if your workplace shooting stems from a dispute or motive that has nothing to do with your job. In theory, however, workers’ comp in Florida should cover you for every workplace injury imaginable, including shootings. If you are facing any issues with your workers’ comp claim after a shooting, contact an experienced workers’ comp lawyer in Tampa.
What if My Workplace Shooting Was Carried Out by a Co-Worker?
If your workplace shooting was carried out by a co-worker during normal working hours, your injuries will likely be covered by workers’ comp. Teamwork between employees falls under the normal course and scope of employment. As a result, disputes between workers are a relatively common issue across various workplaces. These disputes can easily escalate into gunfire.
Under previous law, Florida employers and insurers could attempt to deny workplace shooting claims if they stemmed from “personal” disputes between workers that originated outside of work. If the dispute had nothing to do with work, these claims could potentially be denied by employers and their insurance carriers.
Thanks to a Supreme Court decision in July of 2026, this defense strategy no longer applies. You no longer have to prove that the motive for the attack was work-related. As long as your presence at work exposed you to the threat of the shooting, you should be able to file a valid claim and recover compensation.
Even trivial disputes that escalate into violence are now compensable in Florida. If a victim dies after a “personal dispute” of this nature, their family could potentially file a workers’ comp claim for death benefits.
Your Claim Could Still Be Denied
The Supreme Court ruling does not automatically make all workplace shootings compensable. There are certain situations in which these types of claims are never valid. For example, if you incite violence and provoke someone else, both civil and criminal courts may see you as the aggressor. The other employee would therefore be justified in exercising their right to self-defense, and you would not be able to file a workers’ comp claim even if you were struck by multiple bullets.
Shootings that are clearly motivated by personal disputes outside of work remain non-compensable in Florida. For example, you might have slept with your co-worker’s wife outside of work. If your co-worker finds out and shoots you at work in revenge, courts may determine that the attack was “distinctly and wholly personal in nature.” However, the employer/insurer now shoulders the burden of proof when establishing the distinctly personal nature of specific disputes. Previously, the employee had to prove that the dispute was not distinctly personal in order to recover compensation.
Can a Workers’ Compensation Lawyer in Tampa Help Me?
If you were shot at work in Tampa, you are likely eligible for significant compensation under the workers’ comp program. A recent Supreme Court decision makes it easier than ever to win these cases, even if insurers attempt to deny claims at first. Contact The Franco Law Firm at 813-872-0929 to receive further legal guidance.
Source:
fox13news.com/news/u-haul-employee-charged-after-allegedly-killing-co-worker-dispute-over-drink
