Just recently, a Publix employee was killed by a co-worker. Although the victim’s family may receive “death benefits” from workers’ compensation, these are relatively meager. According to Boca Raton workers’ compensation attorney, Randy Zeldin, it is nearly impossible to sue the Employer in a case of workplace violence. In order to sue an employer, according to attorney Randy Zeldin, it must be proven by “clear and convincing” evidence, that the employer took actions which made injury “virtually certain.”
This standard is nearly impossible to prove. For unfortunate victims of workplace violence, there is little chance of bringing a lawsuit. Unfortunately, this will give little economic incentive to employers around Florida, to initiate programs to prevent workplace violence.