Gross Negligence on the Job: When You Can Sue in Florida

If you’ve been injured on a construction site in Florida, your first thought might be workers’ compensation. That makes sense—workers’ comp is often the only option when someone gets hurt on the job. But there are exceptions. One of them is in the event of gross negligence. If another contractor or subcontractor acted in a way that was extremely careless and caused your injury, you may have the right to file a lawsuit.

What Florida Law Says About Gross Negligence

Florida law usually protects contractors and subcontractors from lawsuits filed by workers from other companies working on the same project. The workers’ compensation system is designed to handle most job-related injuries. Under Florida Statute § 440.10, if a contractor or subcontractor has workers’ compensation insurance, they are generally immune from lawsuits filed by employees of other companies working on the same job site.

But that protection is not absolute. If a subcontractor’s gross negligence is the primary reason you were injured, the law allows you to take legal action. Florida courts have made it clear in cases like Zeiger Crane Rentals, Inc. v. Double A Indus., Ciceron v. Sunbelt Rentals, Inc., and Amorin v. Gordon that subcontractors can be held legally responsible when their actions show a complete disregard for safety.

Gross negligence is more than a mistake or a failure to follow rules. Under Florida Statute § 768.72, gross negligence defines behavior that is so reckless that it shows a conscious disregard or indifference to the safety, rights, or lives of others. In other words, the person or company didn’t just mess up—they ignored the risk and didn’t care who got hurt.

Can You Sue Another Subcontractor?

Yes, if their gross negligence caused your injury. Let’s say you’re working for one subcontractor, and another company on the same site handles heavy equipment. If that other subcontractor operates the machinery unsafely—like ignoring known safety procedures or using broken equipment—and you get hurt, you might be able to file a lawsuit.

But just showing that they were careless isn’t enough. You have to prove that their actions went beyond simple negligence. You must show that they consciously ignored obvious risks and that this behavior was the main cause of your injury.

Florida courts examine the facts closely. They consider whether safety warnings were ignored, equipment was used recklessly, or other workers raised concerns that were brushed off. If the behavior was truly extreme, a court may find gross negligence, which opens the door to a lawsuit, even in a system normally ruled by workers’ compensation.

Contact The Law Office of William Robinson

Construction injuries can change your life. When someone else’s extreme carelessness is the reason you’re hurt, you don’t have to settle for less. The Law Office of William Robinson understands the law and how it works in real life—for real people. If you’ve been injured on the job and believe gross negligence played a role, contact our team today for a consultation.