Cases

Plaintiff in this case elected to be exempt from workers' compensation coverage as a corporate officer.  Plaintiff worked as an employee of a subcontractor.  Under the terms of the contract between the owner of the property and general contractor, the general contractor and its subcontractors were required to maintain workers' compensation coverage.  Plaintiff provided a copy of the Certificate of Exemption to other subcontractors but the general contractor was not notified.  Claimant alleged severe injuries as a result of the alleged negligence of a co-employee following a work related accident.  The question in this case was whether the plaintiff who was the statutory employee of the general contractor could file a cause of action against the general contractor when the plaintiff had exempted himself out of the workers' compensation system by filing an exemption as a corporate officer.  Lower court determined that general contractor was immune from this cause of action based upon the exclusive remedy provisions of the Workers' Compensation Act.  The question is whether this exclusive remedy protection can be claimed when the Plaintiff exempts himself out of the workers' compensation system.

Plaintiff argued that by electing the corporate officer exemption, he was in effect removing himself from the entire workers' compensation scheme and opening the door to actions in tort against individuals and entities who would otherwise be entitled to workers' compensation immunity.  Section 440.075, Florida Statutes, only permits an exempt corporate officer to proceed against "the corporate employer" that common law in action to recover damages for injury or death.  However, this does not apply to the general contractors or subcontractors that were not actual employers but rather special employers.