Florida: Exculpatory Provision in Labor Broker's Employment Agreement Prevents Suit by Injured Worker

Where, prior to his actual employment, a Florida worker signed an agreement with a labor broker in which the worker released the broker's clients from liability for any injury the worker might sustain that was covered by workers' compensation laws, he could not subsequently maintain an action against the client for negligence when he sustained injuries at the client's facility in the course of his work as a security guard, held a state appellate court. The court was unconvinced by the plaintiff's argument that the exculpatory provision was contrary to Florida public policy.

Thomas A. Robinson, J.D., the Feature National Columnist for the LexisNexis Workers’ Compensation eNewsletter, is co-author of Larson’s Workers’ Compensation Law (LexisNexis).

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See Merlien v. JM Family Enters., 2020 Fla. App. LEXIS 10525 (4th DCA, July 22, 2020)

See generally Larson’s Workers’ Compensation Law, § 110.01.

Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law

For a more detailed discussion of the case, see

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